Gujarat High Court
Chandreshkumar Ghanshyambhai Sadhu vs State Of Gujarat & on 19 July, 2017
Author: Abhilasha Kumari
Bench: Abhilasha Kumari, A.J. Shastri
R/CR.MA/16953/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION
(FOR TEMPORARY BAIL)
NO. 16953 of 2017
In
CRIMINAL APPEAL NO. 1018 of 2016
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CHANDRESHKUMAR GHANSHYAMBHAI SADHU....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR J.K.SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 19/07/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. Rule. Mr.J.K.Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.
2. This application, dated 29.06.2017, has been preferred by the applicant, through jail, with a prayer to enlarge him on temporary bail for a period of 45 days in order to get himself treated and operated for his spinal problem.
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R/CR.MA/16953/2017 ORDER
3. The applicant is undergoing life imprisonment for the offences punishable under Sections 302, 323, 364, 201 and 120B of the Indian Penal Code and Section 135 of the Gujarat Police Act.
4. We have perused the averments made in the application as well as the jail record pertaining to the applicant which indicates that his conduct in jail is good.
5. A certificate dated 12.07.2017 issued by Dr.A.R.Singh, Surgeon, Ahmedabad Central Jail, Ahmedabad had been produced by Mr.J.K.Shah, learned Additional Public Prosecutor, indicating that the applicant was suffering from Phimosis for which he was sent to the Department of Surgery on 16.06.2017. On examination, an operation was advised. The applicant was, thereafter, to be taken to the Surgery Department on 14.07.2017. We had indicated to the learned Additional Public Prosecutor to produce a certificate regarding the latest condition and status of the applicant's medical treatment.
6. Today, when the application is taken up for hearing, Mr.J.K.Shah, learned Additional Public Prosecutor has produced a certificate dated 19.07.2017, issued by Dr.S.K.Vaghela (Jail Physician) Ahmedabad Central Jail, Ahmedabad, wherein it is Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun Jul 23 18:45:37 IST 2017 R/CR.MA/16953/2017 ORDER stated that the applicant - convict was sent to the Surgery Department, Civil Hospital, Ahmedabad for treatment of Phimosis and advised for admission along with a consent letter from the concerned authority, on 16.07.2017. The applicant has been referred to the Surgery Department for further treatment with a consent letter on 19.07.2017, for appointment. It is further stated that the applicant has been treated by the Jail Physician, Surgeon and Medical Officers at the Jail Dispensary, as and when required.
7. It appears from the above certificate that not only is the applicant getting regular medical treatment but his particular problem of Phimosis is also being treated and he has been referred to the Surgery Department on 19.07.2017, for the operation to be performed. In view of the fact that the applicant is getting proper and regular medical treatment in jail, there is no requirement for his release on temporary bail.
8. Hence, this application is rejected. Rule is discharged.
(SMT. ABHILASHA KUMARI, J.)
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(A.J. SHASTRI, J.)
Amit
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