Shivabhai Naranbhai Makvana vs State Of Gujarat on 16 December, 2022

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Gujarat High Court

Shivabhai Naranbhai Makvana vs State Of Gujarat on 16 December, 2022

Bench: Gita Gopi

   R/SCR.A/13135/2022                                     ORDER DATED: 16/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 13135 of 2022
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                        SHIVABHAI NARANBHAI MAKVANA
                                    Versus
                              STATE OF GUJARAT
================================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR HARDIK MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MS. JUSTICE GITA GOPI
                  Date : 16/12/2022
                   ORAL ORDER

1. By way of this petition, through jail, the petitioner has prayed for grant of parole leave on the ground of getting operated for hernia in a private hospital.

2. Learned Additional Public Prosecutor has opposed this petition and produced the jail record of the petitioner.

3. From the jail remarks and papers annexed, it appears that the petitioner was taken to the New Civil Hospital, Near Majurgate, Ring Road, Surat for carrying out the surgery of left side inguinal hernia. However, the petitioner declined to be operated upon.

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R/SCR.A/13135/2022 ORDER DATED: 16/12/2022

4. 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/applicant 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.

5. In the present case, the treatment for which the petitioner is seeking parole 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 does not find any cogent reason for grant of parole leave and the petition is rejected. Sd/-

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