Ajaybhai Raydhanbhai ... vs State Of Gujarat
2022 Latest Caselaw 92 Guj

   R/CR.MA/23078/2021                                       ORDER DATED: 04/01/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 23078 of 2021

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                AJAYBHAI RAYDHANBHAI KUMBHARVADIYA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR CHIRAG H PAREKH(5249) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 04/01/2022

                                    ORAL ORDER

1. The present application is filed by the applicant, seeking temporary bail for a period of 30 days, on the ground of his own treatment as it is submitted that the applicant is suffering from chest pain, fever, depression, mental and stomach problems.

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 applicant is an under-trial prisoner and his liberty and privilege has been temporarily curtailed, he cannot have the right to select

R/CR.MA/23078/2021 ORDER DATED: 04/01/2022

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.

Sd/-

(GITA GOPI,J) CAROLINE