Gujarat High Court
The vs Unknown on 1 July, 2008
Bench: A.L.Dave, J.C.Upadhyaya
CR.MA/7190/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 7190 of 2008 IN CRIMINAL APPEAL No. 2607 of 2005 =============================================== SHANTILAL MULAJIBHAI. Versus STATE OF GUJARAT & Another. =============================================== Appearance : Application through Jail. Ms. MITA PANCHAL, APP, for Opponent No.1. None for Opponent No.2. =============================================== CORAM : HONOURABLE MR. JUSTICE A. L. DAVE and HONOURABLE MR.JUSTICE J. C. UPADHYAYA Date : 01/07/2008 ORAL ORDER
The applicant seeks temporary bail on the ground of his own treatment. He claims to be suffering from hernia and needs surgery therefor. The cause indicated in the application is found to be genuine as per medical certificate dated 1.7.2008 received from the Medical Officer, Jail Dispensary, through fax and shown to us by the learned Additional Public Prosecutor. The certificate also indicates that the prisoner refused to undergo surgery on the ground that he wants to have treatment by a doctor of his choice.
We find that the surgery is not a high risk surgery nor it is a life saving surgery and, if the treatment is available in the Civil Hospital, the convict cannot insist for having treatment of his own choice. This is the view taken by this Court in Amrutbhai Bholidas Patel v. State of Gujarat 2000(3) GLR 2460 and was approved by the Supreme Court when that order was carried to the Supreme Court.
In view of the above facts, we are of the view that the application is not required to be entertained. Hence, rejected.
[ A. L. DAVE, J. ] [ J. C. UPADHYAY, J. ] gt