Jagdishsinh @ Jagubha Santubha ... vs State Of Gujarat
2022 Latest Caselaw 41 Guj

      R/CR.MA/23135/2021                                        ORDER DATED: 03/01/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 23135 of 2021

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                 JAGDISHSINH @ JAGUBHA SANTUBHA JADEJA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
RUCHIKA N KAKKAD(9493) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
MR JK SHAH, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No.
1
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     CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                   Date : 03/01/2022

                                    ORAL ORDER

1. The application is moved for temporary bail on the ground of his own illness as he has defect in walking and having difficulty in performing daily activities. As per his own averment he was having some ailment in his right foot and in the month of December 2020 the Rajkot Civil Hospital has performed the operation and due to negligence at the time of performing operation, gangrene has developed in his right foot, therefore his right leg toe and one finger has been amputated in Rajkot Civil Hospital and he is also suffering from high diabetes.

2. Heard Ms. Gayatriba Jadeja, learned advocate for the applicant and Mr. J.K. Shah, learned Additional Public Prosecutor and perused the material on record.

3. In the case of Amrutbhai Bholidas Patel v. State of

R/CR.MA/23135/2021 ORDER DATED: 03/01/2022

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.

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) A.M.A. SAIYED