Yasin @ Bhuro Osmanbhai Kaida Thro Patel ... vs State Of Gujarat on 4 January, 2022

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Gujarat High Court

Yasin @ Bhuro Osmanbhai Kaida Thro Patel ... vs State Of Gujarat on 4 January, 2022

Bench: Gita Gopi

   R/CR.MA/23003/2021                                 ORDER DATED: 04/01/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 23003 of 2021

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  YASIN @ BHURO OSMANBHAI KAIDA THRO PATEL USHABEN D/O
         BACHUBHAI, W/O YASINBHAI OSMANBHAI KAIDA
                           Versus
                     STATE OF GUJARAT
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 04/01/2022

                               ORAL ORDER

1. The present application is filed by the applicant, through his wife, seeking temporary bail for a period of 30 days, on the ground that from two and half years, the applicant is having severe pain in the little finger on his right hand and because of the same, the normal functioning of the other fingers is also getting affected. The applicant desires to take treatment from a Private Hospital and also wants to make financial arrangements for the said treatment.

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

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R/CR.MA/23003/2021 ORDER DATED: 04/01/2022

3. 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.

4. 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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