Gujarat High Court
Jarar Osaman Vandha vs State Of Gujarat & on 16 March, 2017
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, A.J. Shastri
R/CR.MA/7149/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 7149 of
2017
In
CRIMINAL APPEAL NO. 1276 of 2015
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JARAR OSAMAN VANDHA....Applicant
Versus
STATE OF GUJARAT & 1....Respondents
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Appearance:
THROUGH JAIL for the Applicant
MS HANSA B.PUNANI APP for the Respondent No. 1
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 16/03/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) The applicant-prisoner has taken out this application for seeking temporary bail on account of he is suffering from left kidney calculus. The medical certificate dated 08.03.2017 to that effect is produced on record. The same indicates that the say of the applicant-prisoner is correct that he is suffering from calculus in left kidney and certificate to that effect also reveals that he is treated.
As against this, the jail remark-sheet produced on record indicate that temporary bails granted to him on 29.12.2016 to 12.01.2017 and again Page 1 of 2 HC-NIC Page 1 of 2 Created On Mon Aug 14 11:07:41 IST 2017 R/CR.MA/7149/2017 ORDER on 31.01.2017 to 14.02.2017. On both the occasions, the ailment of self was pleaded.
We are of the considered view that as the treatment of calculus in left kidney is being given to the applicant-prisoner / patient, the same be continued properly and there is no need to exercise discretion in favour of the applicant-prisoner to enlarge him on bail.
The jail authorities are directed to take all the precautions and permit all the treatment to the applicant-prisoner for giving relief in the ailment. The present rejection may not come in way of the applicant-prisoner, in case, if medical condition deteriorates and warrants any further treatment outside the purview of the present treatment.
With these observations, the present application is rejected. Rule discharged. The applicant-prisoner be informed accordingly.
(S.R.BRAHMBHATT, J.) (A.J. SHASTRI, J.) Pankaj Page 2 of 2 HC-NIC Page 2 of 2 Created On Mon Aug 14 11:07:41 IST 2017