Raju Roopchand Krishnas @ Raju Gendi ... vs State Of Gujarat on 4 January, 2022

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Gujarat High Court

Raju Roopchand Krishnas @ Raju Gendi ... vs State Of Gujarat on 4 January, 2022

Bench: Gita Gopi

   R/CR.MA/22073/2021                           ORDER DATED: 04/01/2022



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 22073 of 2021
================================================================
RAJU ROOPCHAND KRISHNAs @ RAJU GENDI THRO BHARTI RAJUBHAI
                        KISHNANI
                         Versus
                   STATE OF GUJARAT
================================================================
Appearance:
MR NISHITH P THAKKAR(2836) for the Applicant(s) No. 1
MS ASHA D TIWARI(2983) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
MR PRANAV TRIVEDI, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
================================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                          Date : 04/01/2022
                           ORAL ORDER

1. The present application is filed by the applicant, seeking temporary bail for a period of 30 days, on the ground that he is a patient of diabetes and blood pressure and he is unable to stand and walk without any help from anyone.

2. Heard learned Advocate for the applicant and learned Additional Public Prosecutor and perused the material on record.

3. The records suggest that the jail authorities are providing appropriate treatment to the applicant. The Court below in the order dated 04.12.2021 has considered all the facts as well as the medical report and the statement of the Doctor through Video Conferencing from the Central Jail.

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R/CR.MA/22073/2021 ORDER DATED: 04/01/2022 It is also observed therein that the applicant is getting all the needful/required treatment.

4. In the case of Amrutbhai Bholidas Patel v. State of Gujarat reported in 2001 (1) GLH 328, this Court has observed that where the applicant 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.

5. 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.

Sd/-

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