Gujarat High Court
Ahmedbhai @ Babubhai Suleman Badan vs State Of Gujarat on 4 September, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/21703/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 21703 of
2017
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AHMEDBHAI @ BABUBHAI SULEMAN BADAN,....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR BHARAT T RAO, ADVOCATE for the Applicant(s) No. 1
MS SS PATHAK, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 04/09/2017
ORAL ORDER
1. This is an application for temporary bail in connection with the I-C.R. No. 103/2017 registered at Mandvi Police Station under Sections 406, 408, 409, 420, 120(B), 114 and 34 of the Indian Penal Code.
2. The petitioner was the Chairman of Shree Mandavi Vibhag Sahakari Khand Udyog Mandali Limited, Vadoad, registered as a Society with Registration No. SE-70. An FIR came to be registered on 30.06.2017 for the offence, as stated above. The investigation is going on and the charge-sheet is, yet, not filed.
3. The applicant came to be arrested on 01.07.2017. His application for regular bail came to be rejected by the Sessions Court Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Sep 09 13:46:35 IST 2017 R/CR.MA/21703/2017 ORDER concerned vide its order dated 07.07.2017 passed in Criminal Misc. 1518 of 2017.
He preferred Criminal Misc. Application NO. 17472 of 2017 before this Court, which was permitted to be withdrawn with a liberty to approach, after once the charge-sheet is filed, vide order dated 18.07.2017.
4. Criminal Misc. Application No. 1724 of 2017 came to be preferred on the ground of ill health. However, the Sessions Court concerned rejected the same on 03.08.2017. Medical reports were called for and this Court did not entertain the same, and therefore, the present petition.
5. It is urged by the learned Advocate for the petitioner that from the time he has been arrested, he is in and out of Civil Hospital. There are no facilities in the hospital and the jail. He also detailed that on couple of occasions, when he was taken to the Civil Hospital, Surat, no vehicle was available.
6. The applicant is suffering from 'Chronic Obstructive Pulmonary Disease' (for short, 'COPD')', which is a longstanding disease of lungs and the treatment is also life-long. The prolonged illness is one of the features found in Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Sep 09 13:46:35 IST 2017 R/CR.MA/21703/2017 ORDER this disease. A certificate is given by the Dinbandhu Hospital dated 20.07.2017, and hence, a request is made to allow 30 days temporary bail.
7. Learned Advocate, Mr. Rao, vehemently submitted that the petitioner was suffering, in the past, from prostate cancer and has also undergone surgeries. He also, further, urged that he is also facing couple of other health issues, and hence, he be permitted the treatment from private hospital. He, further urged that taking treatment from civil hospital or jail hospital has become difficult and his constant medication has also become difficult in the jail.
8. Learned APP has strongly objected to the same. According to her, the application of the present applicant is rejected on merits for regular bail in the recent past. She also urged that the applicant is suffering from COPD and as per the medical expert, this being a life long illness, temporary bail of 30 days would sub- serve the purpose. She also urged that there is treatment available at the Civil Hospital as well as with the jail authorities. She also took this Court to the merits of the matter to urge that many have suffered irreparable damage on account of the alleged act of the applicant.
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R/CR.MA/21703/2017 ORDER
9. Having thus heard both the sides,
without entering into the merits of the matter, this Court has taken note of the fact that his regular bail application was permitted to be withdrawn vide order dated 18.07.2017. It is also not in dispute that he is a patient of COPD. According to the medical experts, COPD is a life long disease, which would require life long treatment. Further, none of the experts has sounded that this is a life threatening disease. Of course, its care is also a must along with the medication. In such circumstances, while NOT ACCEDING to his request for 30 days' temporary bail, the jail authority is DIRECTED to take the proper care of the applicant and if, need be so, shall take him, for proper medication and treatment, to Civil Hospital, Surat, and for the said purpose necessary vehicle also shall be provided, bearing in mind his advanced age. The report shall be submitted before this Court on expiry of every TWO WEEKS for initial two months and subsequently after every FOUR WEEKS for a period of six months. Disposed of, accordingly.
10. A copy of this order be provided to the learned APP for her onward communication and compliance.
(MS SONIA GOKANI, J.) UMESH Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Sep 09 13:46:35 IST 2017