Gujarat High Court
Ashok Dahyabhai vs State
Author: M.R. Shah
Bench: M.R. Shah
ASHOK DAHYABHAI....Applicant(s)V/SSTATE OF GUJARAT R/CR.MA/3743/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION NO. 3743 of 2013 In CRIMINAL APPEAL NO. 964 of 2012 ====================================== ASHOK DAHYABHAI....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ====================================== Appearance: THROUGH JAIL for the Applicant(s) No. 1 MR MJ BUDDBHATTI, Sp P.P. for the Respondent(s) No. 1 ====================================== CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE S.H.VORA Date : 25/03/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) RULE.
Shri M.J. Buddbhatti, learned Special Public Prosecutor waives service of notice of rule on behalf of the respondent-State.
The present application, through jail, has been preferred by the applicant-convict-Ashok Dahyabhai to release him on temporary bail for a period of 45 days for his own medical treatment i.e. for cataract.
From the certificate issued by the Medical Officer, Central Jail, Vadodara, it appears that the applicant was referred to an opthalmologic surgeon on 16/02/2013 and thereafter on 20/02/2013 he was referred to SSG Hospital, Vadodara and was advised for cataract surgery and thereafter again when he was referred to SSG Hospital on 22/02/2013 he showed his unwillingness to be operated for cataract at SSG Hospital, Vadodara. The operation of cataract is a minor operation and there is no valid reason in the application not to get operated for cataract at SSG Hospital, Vadodara.
Under the circumstances, when the jail authorities are ready to see that he is given full medical treatment for cataract from SSG Hospital, Vadodara, which is declined by the applicant, without any valid reason, we see no reason to release the applicant on temporary bail on the ground stated in the application. It will be open for the applicant to get operated for cataract from SSG Hospital, Vadodara and as and when the applicant gives consent for getting operated at SSG Hospital, Vadodara, the jail authorities are directed to see that full medical treatment is given to him.
With this, the present application is dismissed. Rule is discharged.
(M.R.SHAH, J.) (S.H.VORA, J.) siji Page 2 of 2