Gujarat High Court
Hajinder Singh S/O Harbansh Singh vs Union Of India(Through I.O,Ncb) Meera ... on 27 August, 2021
Author: Sonia Gokani
Bench: Sonia Gokani, Rajendra M. Sareen
R/CR.A/934/2019 IA ORDER DATED: 27/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 5 of 2021
In
R/CRIMINAL APPEAL NO. 934 of 2019
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HAJINDARSINGH @ RAJU HARBANS SINGH THROUGH GURJIT SINGH KALYAN SINGH SASON Versus JAIL SUPERINTENDENT =========================================== Appearance:
PIYUSHKUMAR K BASERI for the PETITIONER MR KARTIK V PANDYA for the RESPONDENT MS. JIRGA JHAVERI, APP for the RESPONDENT =========================================== CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Date : 27/08/2021 IA ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. The applicant is before this Court seeking his release on temporary bail. This Court on 23 rd July, 2021 passed the following order:
"1. Rule returnable 23rd August, 2021. Ms. Shah, learned APP waives service of notice of rule on behalf of the respondent - State. Mr. Pandya, learned advocate waives service of notice of rule on behalf of the Narcotics Control Bureau.
2. This application is preferred through the brother of the applicant - convict, who is undergoing rigorous imprisonment for the period of 12 year under the Narcotic Drugs And Psychotropic Substances, Act, 1985. Request is made for the purpose of his treatment at the private hospital at Jammu.Page 1 of 3 Downloaded on : Tue Aug 31 22:04:02 IST 2021
R/CR.A/934/2019 IA ORDER DATED: 27/08/2021
3. The jail report, which has been shared indicates that his release was recent past i.e. in the month of February-March, 2021. In this circumstances, we are at present directing the jail authority to sent the present applicant to the Civil Hospital, Ahmedabad for his treatment.
4. Let the report be shared with the Court after four weeks in this matter.
5. Copy of this be given to the learned APP for onwards communication."
2. Ms. Jhaveri, learned APP on the last occasion had required time to seek report from the jail authority. Today, she shared the same. The report is from Medical Officer, Ahmedabad Central Jail, which indicates that the applicant is a known case of lower back pain with B/L Lower Limb Radiculopathy and COPD since last few years. He was sent on 26th August, 2021 to the Civil Hospital and his diagnoses are as follows :
"MRI L-S Spine : Disc osteophyte complex at C4-5, C%-6, C6-7 with ligamentum flavum hypertrophy, degenerative changes."
He was also treated for COPD by jail physician and medical officers at jail dispensary.
3. We have heard Mr. Piyushkumar Baseri, learned advocate, who has strenuously urged before us that the directions of treatment are not being obeyed by the authority and the applicant, who had gone on temporary bail could take the treatment while on temporary bail, however, that needed to be discontinued on account of the time period getting over. He has urged that the applicant requires constant monitoring on the part of the medical expert.
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4. Mr. Kartik Pandya, learned advocate for the respondent and Ms. Jhaveri, learned APP both have urged that it is the duty of the jail authority to lookafter the health of the convict. He is being sent on regular basis as has been decided by the Medical Officer and there is no question of overlooking or non-compliance of the Court's directions. The last visit of his was on 26th August, 2021 at Civil Hospital, Ahmedabad and even at Jammu he was being treated at Civil Hospital.
5. On hearing both the sides and also noticing that according to the doctor there are degenerative changes that have been noticed in his vertebrae from the MRI of his spine and his recent release in the month of February-March, 2021 when he was taking treatment from Civil Hospital, Jammu, no purpose is likely to be served as this is a disease, which will require constant monitoring and the details, which have been furnished by those doctors can be made use of in the hospital here. The Jail doctor may take care of his requirement and necessary treatment at the level of the jail, as well as, from the Civil Hospital shall continue.
6. With this observation, the present application stands disposed of. Rule is discharged.
(SONIA GOKANI, J.) (RAJENDRA M. SAREEN, J.) AMAR RATHOD...
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