[Cites 9, Cited by 0]
Gujarat High Court
Ashish Prabodhbhai Shah vs State Of Gujarat on 24 March, 2026
NEUTRAL CITATION
R/CR.MA/6722/2026 ORDER DATED: 24/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 6722 of
2026
With
R/CRIMINAL MISC.APPLICATION NO. 6739 of 2026
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ASHISH PRABODHBHAI SHAH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. AYAN I MANSURI(17271) for the Applicant(s) No. 1
YUVRAJ BRAHMBHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 24/03/2026
ORAL ORDER
1. The present Applications are filed by the Applicant for
temporary bail for 30 days in connection with FIR No.
11215002220264/22 and FIR No. 11191045240411/2024 for
the offence under Section 420,465,468,466,471 of IPC and
Section 66-C of the IT Act as well as Section
193,196,465,467,468,471 of IPC respectively.
2. Learned Advocate for the Applicant submits that the
Applicant is not keeping well and needs treatment more
particularly for uncontrolled diabetes, complications with
regard to kidney failure, suspected cancerous HPV Infection
and thus, prayed for enlarging the Applicant on bail.
2.1 Learned Advocate for the Applicant further submits that
there is no continuous medical treatment provided to the
present Applicant and thus, wants to be treated in private
hospital.
NEUTRAL CITATION
R/CR.MA/6722/2026 ORDER DATED: 24/03/2026
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3. Per contra, learned APP for the Respondent State submits
that the Applicant has forged the order of parole leave of this
Court as well as death certificate. It transpires from the
impugned order dated 05.03.2026 passed in Criminal Misc.
Application No. 599/2026 by the 2 nd Additional Sessions Judge,
Ahmedabad rejecting the temporary bail application that he
has denied for medical treatment and also transpires that the
medical papers dated 17.05.2025 reflect that the applicant has
provided medication and no complaint with regard to blood
vomiting seen from the medical papers. Thus, argued to reject
the present Applications.
4. Heard learned Advocates for the respective parties. The
present Applicant is facing serious charge of forging the parole
order of this Court as well as death certificate. The Applicant
was apprehended by the Police Authority after 393 days while
he was on parole leave. It is also reflecting from the order
dated 05.03.2026 passed in Criminal Misc. Application No.
599/2026 by the 2nd Additional Sessions Judge, Ahmedabad
seeking temporary bail, with regards to FIR bearing No.
1119104524011/2011 dated 02.07.2024 that the present
applicant has refused to admit in the hospital for better
medical treatment and has also given a statement to that
effect.
5. Considering the same, it cannot be said that the
Applicant has a statutory right of being treated at the hospital
as per his choice when he is an under trial prisoner, more
particularly, when he refused for admission solely for the
NEUTRAL CITATION
R/CR.MA/6722/2026 ORDER DATED: 24/03/2026
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purpose to see that he gets out from the custody under the
pretext of private medical treatment. It is also evident from the
impugned order dated 05.03.2026 that the Applicant has no
complaint of blood vomiting.
6. In view of the above, no case is made out, more
particularly when the Applicant is transferred from Anand Jail
to Vadodara jail for better treatment, and after having refused
to such treatment, cannot claim that he as a matter of right to
be treated in private hospital as per his choice under the
pretext of deteriorating medical condition. Under the facts and
circumstances of the case, present applications stand rejected.
It is made clear that the applicant may be given medical
treatment as and when required by the jail authorities
including admission in the hospital if required.
(P. M. RAVAL, J)
MMP
