Afzal S/O Rajakbhai Bachubhai Shah vs State Of Gujarat on 25 January, 2022

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Gujarat High Court

Afzal S/O Rajakbhai Bachubhai Shah vs State Of Gujarat on 25 January, 2022

Bench: Gita Gopi

      R/CR.MA/1802/2022                           ORDER DATED: 25/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 1802 of 2022

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                    AFZAL S/O RAJAKBHAI BACHUBHAI SHAH
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS SHRUTI PATHAK, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 25/01/2022

                               ORAL ORDER

1. The application is moved for temporary bail on the ground of his own illness as he is suffering from tuberculosis.

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 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.

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R/CR.MA/1802/2022 ORDER DATED: 25/01/2022

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.

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