Gujarat High Court
Babubhai @ Babu Bajrangi S/O Rajabhai ... vs State Of Gujarat & 2 on 8 July, 2014
Author: Anant S. Dave
Bench: Anant S. Dave, Sonia Gokani
R/CR.MA/9378/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 9378 of
2014
In CRIMINAL APPEAL NO. 1710 of 2012
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BABUBHAI @ BABU BAJRANGI S/O RAJABHAI PATEL....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR YS LOKHANI, Ld. SENIOR COUNSEL with MR PRAVIN GONDALIYA,
ADVOCATE for the Applicant(s) No. 1
MR AY KOGJE, SPECIAL PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MS JUSTICE SONIA GOKANI
Date : 08/07/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
1. Heard learned Counsels appearing for the respective parties.
2. RULE. Learned Special Public Prosecutor Mr. A.Y. Kogje waives service of notice of Rule on behalf of the respondent - State.
3. The applicant is a convict and has been sentenced for different offences as mentioned in Paragraph 1 of this application which includes sentencing Page 1 of 5 R/CR.MA/9378/2014 ORDER him to rigorous imprisonment for the remaining period of his natural life.
4. Learned Senior Counsel Mr. Y.S. Lakhani would contend that the during the jail period, the applicant has been suffering from severe problems in the eye and while on furlough from 29.05.2014 to 05.06.2014, the applicant took treatment from Dr. Parimal Desai, M.S. Opthal) and was diagnosed with loss of 90% of his vision on the right eye and 40% loss of the vision in his left eye.
5. It is further submitted that the applicant is severely diabetic. During the course of treatment with Dr. Parimal Desai and upon a thorough examination, he was referred to Dr. Mudit Bansal, who is a Vitreo Retina Surgeon and after undertaking examination known as Fundus Fluoroscein Angiography (FFA) test, the applicant was advised 'Intravitreal Anti VEGF procedure (in operation theatre) in right eye and PRP laser treatment (3-4 sittings) in both eyes. Accordingly, the applicant was admitted in the Hospital on 04.06.2014. The line of medical treatment for the ailment of the applicant prescribed and explained that periodically at the interval of one month, the applicant is to be administered injection procedure for which the applicant needs hospitalisation. In addition, failure to undergo the so advised medical treatment may result into loss of sight in the Page 2 of 5 R/CR.MA/9378/2014 ORDER eyes, for which a Medical Certificate dated 16.06.2014 is issued by Dr. Parimal Desai. The Case Summary is also stated in the Certificate dated 04.06.2014 issued by Dr. Mudit Bansal.
6. It is submitted that as the applicant has undergone first round of treatment on 04.06.2014, the procedure of injections and other ancillary treatment is to be taken, which was due on 04.07.2014 and accordingly, the applicant be granted temporary bail for a short duration till the matter is heard finally.
7. As against the above, learned Special Public Prosecutor Mr. A.Y. Kogje appearing for the respondent authorities would contend that both the above Certificates issued by Dr. Parimal Desai and Dr. Mudit Bansal were forwarded to Director, M&J Institute of Opthalmology, Civil Hospital, Ahmedabad by the concerned Investigating Officer. A communication is received from the Director on 01.07.2014 which reveal that treatment of the eye of the convict can be satisfactorily done at M&J Institute of Opthalmology, Civil Hospital, Ahmedabad. It is therefore submitted that the applicant (convict) can undergo treatment at the above Institute, Civil Hospital, Ahmedabad.
8. Upon perusal of the relevant records pertaining to the ailment of the applicant (convict) and Page 3 of 5 R/CR.MA/9378/2014 ORDER nature of punishment being undertaken by the applicant, at this stage, it is not clear that line of treatment prescribed by Dr. Mudit Bansal upon a reference made by Dr. Parimal Desai, for the treatment of eyes of the convict, the certificate dated 16.06.2014 and a Case Summary dated 04.06.2014, whether the treatment available is to the satisfaction of the convict. Further, second round of line of treatment of administering injections and hospitalisation of the applicant (convict) is already due. With a direction to the respondent State authorities to submit a detailed report of the medical treatment available and course of action to be taken by the authorities with regard to the ailment of the eyes of the convict so diagnosed and certified by the Case Summary dated 04.06.2014 and the reference dated 16.06.2014 whether the same is available with M&J Institute of Opthalmology, Civil Hospital, Ahmedabad? Accordingly, a Report be submitted to this Court on the next date of hearing.
9. Considering the facts and circumstances so noticed based on medical reports of the treatment to be continued of the convict, we are inclined to grant temporary bail to the applicant for a period of FIVE (5) DAYS, from the date of his actual release, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with a like amount of surety, on the usual terms and Page 4 of 5 R/CR.MA/9378/2014 ORDER conditions and to the satisfaction of the jail authority. On completion of the period of temporary bail, the applicant shall surrender in time before the jail authority, who in turn shall send a report to the Office of the High Court.
10. Copy of this order be given to the learned Special Public Prosecutor.
11. The matter be listed on 15th JULY, 2014.
12. Direct Service is permitted.
Sd/-
(ANANT S. DAVE, J.) Sd/-
(MS SONIA GOKANI, J.) CAROLINE Page 5 of 5