Udaybhai Valkubhai Dhandhal vs State Of Gujarat
2022 Latest Caselaw 1059 Guj

      R/CR.MA/2375/2022                               ORDER DATED: 01/02/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC. APPLICATION NO. 2375 of 2022

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                          UDAYBHAI VALKUBHAI DHANDHAL
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MS. AKSHITABA SOLANKI (6782) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                 Date : 01/02/2022

                                  ORAL ORDER

1. By this application, the applicant has prayed to release him on temporary bail on the ground of his own illness.

2. Heard learned advocates on both the sides. 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 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.

3. In the present case, the treatment for which the applicant is seeking

R/CR.MA/2375/2022 ORDER DATED: 01/02/2022

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 necessary 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)

PRAVIN KARUNAN