Gujarat High Court
Babubhai @ Babu Bajrangi S/O Rajabhai ... vs State Of Gujarat & 2 on 5 August, 2014
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 YOGESH LAKHANI Sr Advocate with Mr PRAVIN GONDALIYA, Advocate for Applicant
Mr. PG DESAI Sr. Advocate with Mr. A.Y Kogje, Spl.PP for the Respondent
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CORAM: HONOURABLE Mr. JUSTICE ANANT S. DAVE
and
HONOURABLE Ms. JUSTICE SONIA GOKANI
5th August 2014
ORAL ORDER (PER : HONOURABLE Mr. JUSTICE ANANT S. DAVE)
Heard learned senior advocate Mr. Yogesh Lakhani with Mr. Pravin Gondalia for the applicant and Mr. PG Desai, learned senior advocate appearing with Mr. A.Y Kogje, Special Public Prosecutor for the respondent-State of Guajrat.
Earlier, this Court had passed orders dated 8 th July 2014 & 15th July 2014, in which, the nature of eye ailment and the treatment undertaken by the convict-applicant is recorded in paragraphs no. 5, 6, 7 & 8 of the order dated 8 th July 2014. Thereafter, the matter was adjourned for filing affidavit by the officer of the Special Investigation Team. Shri P.G Vaghela, Page 1 of 4 R/CR.MA/9378/2014 ORDER Police Inspector, Nodal Officer, Special Investigation Team, Godhara Riot Cases, Gandhinagar has filed affidavit on 21 st July 2014 whereby available facilities for treatment of eye-ailments at M&J Institute of Ophthalmology, Civil Hospital, Ahmedabad are depicted. At the same time, line of treatment suggested and advised by the expert in opthalmology, namely by Dr. Mudit Bansal is advised to be continued even by the Director of M&J Institute of Ophthalmology. It is submitted that in the above Institute, the treatment prescribed by the experts of "Netralaya" is available, and accordingly, a record is produced.
Learned senior advocate Mr. Yogesh Lakhani, however, would contend that two rounds of intravitreal anti-VEGF procedure in the left eye are already over in preceding two months, and at this stage, only the third round remains, and therefore, the applicant may be permitted to avail the line of treatment which he has already undergone with the experts viz., in the hospital of Dr. Mudit Bansal in view of 100% loss of eye-sight in one eye and another one is also deteriorating and for that temporary bail be granted by imposing suitable conditions.
Learned senior advocate Shri P.G Desai appearing with learned advocate Mr. A.Y Kogje for the Special Investigation Team, however, contended that since treatment for the eye- Page 2 of 4
R/CR.MA/9378/2014 ORDER ailment of the convict is available at M&J Institute of Opthalmology, New Civil Hospital, Ahmedabad and the applicant-convict is advised to report to the Institute for further course of action, treatment by a private expert-Opthalmology is not necessary, and therefore, temporary bail as prayed for be not granted.
Upon consideration of above circumstances, nature of eye ailment of the applicant for which relevant medical reports are available on record and further when the convict has already availed medical treatment in preceding two months, and now only one round of Intravitreal anti-VEGF procedure in the left eye is to be performed, and considering the above peculiar facts, it is advisable that the applicant-convict completes his rounds of medical treatment by getting himself admitted in a private hospital so that the third round of intravitreal anti-VEGF injection can be given to him.
Accordingly, applicant-convict is hereby granted temporary bail for a period of seven days commencing from 9 th August 2014 to 16th August 2014 on the same terms and conditions.
Criminal Misc. Application stands disposed of. Rule nisi is made absolute to the aforesaid extent. Direct service is permitted.
Page 3 of 4
R/CR.MA/9378/2014 ORDER Let a copy of this order be provided to learned Special Public Prosecutor.
{Anant S. Dave, J.} {Ms. Sonia Gokani, J.} Prakash* Page 4 of 4