Gujarat High Court
Mansukhbhai vs State on 22 June, 2011
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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CR.MA/8441/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8441 of 2011
In
CRIMINAL
APPEAL No. 2020 of 2010
=====================================
MANSUKHBHAI
CHHAGANBHAI BHATT, THRO' DEVIKABEN MANSUKHBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================
Appearance
:
MR MP SHAH for Applicant(s) :
1, MS. KRUTI M SHAH for Applicant(s) : 1, MR GAJENDRA P BAGHEL for
Applicant(s) : 1,
MR
KARTIK PANDYA, APP for
Respondent(s) : 1,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 22/06/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1.0 Present application is filed by the applicant - convict through his wife seeking Temporary Bail for a period of 30 days so as to enable him to get operated for 'Cataract'.
2.0 Learned Additional Public Prosecutor Mr. Pandya made available for perusal the Jail Remarks. The convict is stated to be aged 71 years. He is undergoing 12 years' imprisonment for the offence punishable under Sections 22(C), 8(C) and 29 of the NDPS Act. He is also imposed a Fine of Rs.1 lakh, in default, to undergo imprisonment of 01 year. It is mentioned that, Fine of Rs.1 lakh is already paid.
2.1 The applicant - convict being convicted for the offence punishable under the NDPS Act, he is not entitled to Furlough. He has enjoyed two Temporary Bail, one in the month of April 2011 for 05 days with police escort, to pay the School Fees of his daughter and another in the months of May - June 2011 for 15 days with police escort to pay the School Fees of his daughter. He is in jail for 08 years, 08 months and 13 days as on 21st June 2011.
2.2 The applicant - convict has not produced any papers of his treatment in the jail.
3.0 Taking into consideration the fact that applicant - convict is convicted for the offence punishable under the NDPS Act, it is deemed proper that the Jail Authorities be directed to make available the required treatment to the applicant - convict.
4.0 With this observation, the application is rejected.
[ Ravi R. Tripathi, J. ] [ P. P. Bhatt, J. ] hiren
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