Shakibali Sajidali Rangrej vs State Of Gujarat
2022 Latest Caselaw 42 Guj

     R/CR.MA/21913/2021                            ORDER DATED: 03/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21913 of 2021

==========================================================
                          SHAKIBALI SAJIDALI RANGREJ
                                     Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR. DHAVAL G BAROT(6546) for the Applicant(s) No. 1
SANKET K PANDYA(9451) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
MR JK SHAH, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No.
1
==========================================================

 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. The applicant states that he has back pain since last more than eight months and he has been taking treatment at M.G. General Hospital, Navsari, but finds no improvement and therefore prayed for private treatment.

2. Heard learned Additional Public Prosecutor 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/21913/2021 ORDER DATED: 03/01/2022

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