Gujarat High Court
Arjunsinh Shanabhai Solanki & vs State Of Gujarat & on 11 August, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/15775/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 15775 of 2017
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ARJUNSINH SHANABHAI SOLANKI & 1....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR PRAVIN GONDALIYA, ADVOCATE for the Applicant(s) No. 1 - 2
MR. SHRUTI PHATAK ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
SHITAL P UPADHYAY, ADVOCATE for the Respondent(s) No. 2
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 11/08/2017
ORAL ORDER
This is an application for regular bail under section 439 of the Code Criminal Procedure in connection with the FIR being I CR No. 101/2017 registered with Karjan Police Station for the offences punishable under Sections 406, 420, 120B, 465, 467, 468, 471 of Indian Penal Code read with sections 3(1)
(f), 3(2)(5)(a) of the Atrocities Act has been preferred.
2. On 17.7.2017 this Court passed following order :
1. Learned Advocate, Mr. Gondaliya, Page 1 of 9 HC-NIC Page 1 of 9 Created On Sat Aug 12 02:30:28 IST 2017 R/CR.MA/15775/2017 ORDER appearing for the applicants, herein, does not press this application so far as applicant No.1 is concerned.
2. This application stands disposed of qua applicant No.1 as NOT PRESSED.
3. So far as applicant No.2 is concerned, merit is not being pressed into service as it is preferred before filing of the charge-
sheet.
4. During the course of hearing, it was pointed out to this Court that applicant No.2 was diagnosed for Chronic Myeloid Leukemia in Chronic Phase in the report of Dr. Seema Bhatwadekar, Haemato- Oncology Care Centre, Vadodara. The Court had called for the report from the jail authority and the doctor from the jail has reported thus:
The patients health checkup was done on Dt.10-06-17 in Central Jail Vadodara for the first time. Patient was given history of blood cancer for three months and is on treatment from Dr. Sima for that. No detail case papers are available with him. Jail physician has demanded his treatment case papers. Patient has also diabetes mellitus and diminished vision. Patient is one treatment in Jail Hospital for his ailments.
5. Let the jail authorities get applicant No.2 examined for all the symptoms reflected in the report of Dr. Seema Page 2 of 9 HC-NIC Page 2 of 9 Created On Sat Aug 12 02:30:28 IST 2017 R/CR.MA/15775/2017 ORDER Bhatwadekar, Haemato-Oncology Care Centre, Vadodara, dated 25.03.2017 and report to this Court, as to whether he is suffering from any serious disease or not. Such report shall reach this Court on or before 24TH JULY, 2017. Any treatment, which is being given to applicant No.2, prior to this order, from his arrest till today, shall also be detailed in the said report of jail doctor.
6. Applicant No.1 and applicant No.2, if his application does not succeed on medical ground, filing of the fresh applications on merits after once the charge-sheet is filed is permitted.
7. For this limited purpose, S.O. to 24TH JULY, 2017. A copy of this order be given to the learned APP for her onward communication and compliance.
3. The matter came to be posted on different dates. It would be vital to reproduce the order dated 27.7.2017 :
1. Heard, learned PP, Mr. Amin, and learned Advocate, Ms. Upadhyay, for Respondent No.2
2. This Court had called for the report of certain tests to be done Page 3 of 9 HC-NIC Page 3 of 9 Created On Sat Aug 12 02:30:28 IST 2017 R/CR.MA/15775/2017 ORDER through the concerned Jail Authority. Today, learned PP, Mr. Amin, has produced latest medical opinion of the under-trial prisoner, applicant No.2, herein. He was sent to S.S.G. Hospital, Vadodara, Cancer Detection Centre on 21st and 22nd July, 2017 for confirmation of Blood Cancer (Chronic Myeloid Leukemia in Chronic Phase) and on examination, he was referred to higher centre for Hemato Oncho Physicians opinion. He was, therefore, sent to Gujarat Cancer & Research Institute, Ahmedabad, on 24.07.2017, where his bone marrow was taken for aspirate biopsy, blood for FISH (Fluorescence in Situ Hybridization) for further testing and confirmation. He is also advised to undertake USG investigation and for the said purpose, he is asked to again come on 03.08.2017. He is also undergoing treatment for diabetes and diminished vision at Jail Hospital, as advised by the Page 4 of 9 HC-NIC Page 4 of 9 Created On Sat Aug 12 02:30:28 IST 2017 R/CR.MA/15775/2017 ORDER experts at SSG Hospital, Vadodara.
3. Under the circumstances, this matter is posted for hearing on 8TH AUGUST, 2017. On the next date, the authorities shall furnish the details of the outcome of the tests carried out on applicant No.2, as mentioned herein above, before this Court.
4. On 8.8.2017, learned APP had taken time to get the report from Gujarat Cancer Research Institute, Ahmedbad. Today the medical officer Class II, Central Jail, Mr. S.S Gamit has submitted the latest medical opinion of petitioner no. 2 where he has confirmed that the prisoner is suffering from Chronic Myeloid Leukemia Chronic phase. The report also produced that on 15.3.2017 he was taking treatment from Dr. Seema Bhatwadekar and the patient is on Tablet Imatinib for chronic myeloid leukemia and according to the medical officer, Central Jail his condition is stable with the treatment. . The OPD progress and treatment sheets along with the laboratory reports are before this Court. According to the doctor there is no significant family history and there is no complaint of the applicant except but Page 5 of 9 HC-NIC Page 5 of 9 Created On Sat Aug 12 02:30:28 IST 2017 R/CR.MA/15775/2017 ORDER generalised weakness.
5. As indicated in the first order without entering into the merits of the matter purely on the ground of medical exigency, the applicant's request for regular bail is considered. Bearing in mind the fact that the applicant is already tested positive for blood cancer leukemia, he would not only require constant medical aid and care but also a strong support of his family and hence, as provided in proviso to subsection (1) of section 437 of Code of Criminal Procedure also, the case of the applicant gets covered by the said provision, which would warrant exercise of discretion in his favour.
6. Accordingly, present application stands allowed.
The applicant no.2 is ordered to be released on regular bail in connection with the FIR being I- C.R.No. 101/17 registered with Karjan Police Station on his executing solvent surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his liberty;
(b) not to try to tamper with the evidence or Page 6 of 9 HC-NIC Page 6 of 9 Created On Sat Aug 12 02:30:28 IST 2017 R/CR.MA/15775/2017 ORDER pressurize the prosecution witnesses or complainant in any manner;
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate with the investigating agency.
(e) furnish the present address of their residence to the Investigating Officer and also to the trial Court at the time of execution of the bond and shall not change his residence without prior permission of this Court.
(f) surrender their passport, if any, to the trial Court, within a week from the date of their release
(g) mark his presence before concerned Police Station 1st and the 15th day of every calender month between 11:00 AM and 2:00 PM;
(h) he shall attempt to remain present before the trial court on the adjourned dates and if in case due to his health condition he is unable to so his absence shall not hamper the trial. He shall be represented through learned advocate.
(i) In the event of matter proceeding on examination of the witnesses he shall not be Page 7 of 9 HC-NIC Page 7 of 9 Created On Sat Aug 12 02:30:28 IST 2017 R/CR.MA/15775/2017 ORDER disputing the identity of the witnesses in the event of his not remaining present during the adjourned dates.
(j) He shall not contact any of the victim and shall not enter the village Manglej Taluka Karjan.
(k) he shall also periodically submit the report to the concerned court which shall be kept as a part of the record. Any involvement in interfering with the services or prosecution or tampering with them will entitle the prosecution to move for his cancellation of bail.
6. If breach of any of the above conditions is committed, the concerned trial court will be at liberty to issue warrant or take appropriate action in the matter.
7. Bail before the trial court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
8. Rule is made absolute accordingly. Direct service permitted today.
Page 8 of 9 HC-NIC Page 8 of 9 Created On Sat Aug 12 02:30:28 IST 2017 R/CR.MA/15775/2017 ORDER (MS SONIA GOKANI, J.) MARY Page 9 of 9 HC-NIC Page 9 of 9 Created On Sat Aug 12 02:30:28 IST 2017