Ramjibhai Raghubhai Jogasva vs State Of Gujarat
2021 Latest Caselaw 5499 Guj

     R/CR.MA/8214/2021                                      ORDER DATED: 27/05/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 8214 of 2021
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                         RAMJIBHAI RAGHUBHAI JOGASVA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR.KARNA H DHOMSE(6684) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS NISHA THAKORE, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE GITA GOPI

                                 Date : 27/05/2021

                                  ORAL ORDER

1. The applicant-convict has filed this application seeking temporary bail for 30 days on the ground of undergoing necessary medical treatment for his own ailment (Hole in eardrum).

2. Heard the learned advocates for both the sides through Video Conferencing and perused the material on record.

3. In the case of Amrutbhai Bholidas Patel v. State of Gujarat reported in 2001 (1) GLH 328, this Court has observed that where the petitioner is an under-trial prisoner and his liberty and privilege has been temporarily curtailed, he cannot have the right to select a particular doctor or particular hospital from whom or from where he should get treatment. In other words, he does not have as much liberty as a free citizen

R/CR.MA/8214/2021 ORDER DATED: 27/05/2021

enjoys to canvass the case that he should be treated by a particular doctor of his choice outside the City and more particularly, when the treatment which he requires is available in the City itself.

4. In the present case, the treatment for which the applicant is seeking temporary bail could be provided by the concerned jail authority as the jail authority has its own panel of Medical Officers and is equipped with good facilities. Considering the facts of the case in light of the judgment rendered in Amrutbhai Bholidas Patel's case (supra), this Court finds no reason to entertain this application. Hence, the application is rejected.

(GITA GOPI,J) MOHMMEDSHAHID