Gujarat High Court
Siddik @ Matunga Abdulla Badam Shaikh vs State Of Gujarat & on 20 June, 2017
Author: Anant S. Dave
Bench: Anant S. Dave, G.R.Udhwani
R/CR.MA/15188/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 15188 of
2017
In
CRIMINAL APPEAL NO. 590 of 2011
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SIDDIK @ MATUNGA ABDULLA BADAM SHAIKH....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR JM PANCHAL, SPECIAL PUBLIC PROSECUTOR with MR NARENDRA
PRAJAPATI, SPECIAL APP with MR KJ PANCHAL, SPECIAL APP for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 20/06/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
1. Heard learned Special Public Prosecutor.
2. In this application seeking temporary bail on the ground of ailment by the convict, we are benefited by a Medical Certificate dated 10.6.2017 issued by Medical Officer, Vadodara Central Jail, Vadodara, which reveals that the convict was given proper treatment and finally he was examined by Jail Surgeon for complaint of occasional pain. Paragraph 11 of the said certificate reads as under:-
"11. Lastly on Dt.26-05-2017, patient was examined by Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Aug 19 00:23:35 IST 2017 R/CR.MA/15188/2017 ORDER jail surgeon for complaint of occasional pain during defecation, passing hard stool during constipation in known case of Bilateral Inguinal Hernia. Again he was advised for Haemorroidectomy & Hernioplasty at S.S.G.Hospital, Vadodara, but till date no revoke order had been received.
At present patient is under treatment by jail surgeon."
3. In view of above, if the applicant desires to undergo treatment at SSG Hospital, arrangements can be made and even relaxation can be given in exercise of powers under Section 268 of Code of Criminal Procedure but no temporary bail can be granted. Accordingly, this application is rejected.
(ANANT S.DAVE, J.) (G.R.UDHWANI, J.) *malek Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Aug 19 00:23:35 IST 2017