Vipulbhai @ Lalo C/O ... vs State Of Gujarat
2022 Latest Caselaw 1574 Guj

     R/CR.MA/3236/2022                             ORDER DATED: 10/02/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 3236 of 2022

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     VIPULBHAI @ LALO C/O BHUPENDRABHAI CHANDULAL FICHDIYA
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR.NAYANKUMAR V SHUKLA(10184) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR J.K. SHAH APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                             Date : 10/02/2022

                              ORAL ORDER

1. The present application has been filed by the applicant for temporary bail for a period of 30 days on the ground of medical treatment, as the applicant after taking the treatment of Hepatitis/Jaundice ailment at Rajkot hospital, presently undertaking the treatment at Mahatma Gandhi General Hospital and there is no recovery.

2. Heard learned advocates on both the sides and perused the material on record.

3. In the case of Amrutbhai Bholidas Patel Vs. 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

R/CR.MA/3236/2022 ORDER DATED: 10/02/2022

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.

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.) Pankaj