Malik Dadabhai Jakhara Thro Jakhara ... vs State Of Gujarat on 7 January, 2022

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Gujarat High Court

Malik Dadabhai Jakhara Thro Jakhara ... vs State Of Gujarat on 7 January, 2022

Bench: Gita Gopi

      R/CR.MA/21365/2021                               ORDER DATED: 07/01/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC. APPLICATION NO. 21365 of 2021

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 MALIK DADABHAI JAKHARA THRO JAKHARA ASLAM SAMSUDDINBHAI
                           Versus
                     STATE OF GUJARAT
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
MR JK SHAH ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No.
1
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     CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                               Date : 07/01/2022

                                ORAL ORDER

1. The applicant-convict has filed this application through jail seeking temporary bail on the ground of undergoing medical treatment for his own ailment.

2. Heard the learned APP 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/21365/2021 ORDER DATED: 07/01/2022

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.

(GITA GOPI, J) PRAVIN KARUNAN Page 2 of 2 Downloaded on : Thu Jan 13 20:30:27 IST 2022

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