Gujarat High Court
Joraji Kesaji Thakor vs State Of Gujarat & on 8 August, 2017
Author: A.J. Shastri
Bench: Abhilasha Kumari, A.J. Shastri
R/CR.MA/18228/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION
(FOR TEMPORARY BAIL)
NO. 18228 of 2017
In
CRIMINAL APPEAL NO. 997 of 2014
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JORAJI KESAJI THAKOR....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 08/08/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE A.J. SHASTRI)
1. The present application is filed by the convict for seeking temporary bail vide application dated 11.07.2017 for a period of 30 days on the ground that he is suffering from serious skin disease and he would like to have the treatment in the Page 1 of 7 HC-NIC Page 1 of 7 Created On Mon Aug 21 01:41:36 IST 2017 R/CR.MA/18228/2017 ORDER presence of his family members, at his own expenses.
2. The applicant is undergoing life imprisonment in connection with the offences punishable under Sections 302, 307, 323, 147, 148, 149 and 34 of the Indian Penal Code and against the said order of conviction appeal is pending before this Court.
3. For the purpose of considering the request of the applicant, we had issued Rule on the previous occasion on 21.07.2017 and thereafter on two occasions the time was sought. On 03.08.2017 it has been stated before us that the applicant is suffering from Psoriasis vulgaris which is non- infectious autoimmune skin disease. Mr.Ronak Raval, learned Additional Public Prosecutor had submitted a certificate dated 02.08.2017 issued by Dr.S.K.Vaghela, Physician (CL-1), Ahmedabad Central Jail, Ahmedabad. The said certificate is indicating that the patient i.e. the applicant is suffering from Psoriasis vulgaris which is non-infectious autoimmune skin disease which is a chronic in nature and it has been reported in the said certificate that skin camp at Central Prison, Ahmedabad is scheduled on 03.08.2017 and the applicant - patient (prisoner) will be examined by the Skin Specialist on 03.08.2017.
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R/CR.MA/18228/2017 ORDER
4. A bare perusal of the jail remarks is indicated that one of the co-accused Rameshji Heduji is absconding since 09.03.2015. Resultantly, we directed learned Additional Public Prosecutor to indicate what kind of examination is taking place in skin camp scheduled on 03.08.2017 and what is the condition of the applicant medically and hence the matter is posted on 08.08.2017.
5. Today when the matter is called out, Mr.Ronak Raval, learned Additional Public Prosecutor has submitted a certificate dated 08.08.2017 issued by the very same Dr.S.K.Vaghela, Physician (CL-1), Ahmedabad Central Jail, Ahmedabad in which the same narration as of the certificate dated 02.08.2017 is mentioned except one sentence that 'Patient is seen by dermatologist at central prison camp on 03/08/2017'. There is absolutely no change except the above sentence nor any particulars in details are provided in the certificate which we actually wanted to know as to what kind of treatment was given to the patient in skin camp on 03.08.2017 and ultimately at what conclusion the Medical Officer of Central Prison has arrived at. We were expecting examination report in detail however, with pain and shock we found only casual certificate dated 08.08.2017 is issued by Dr.S.K.Vaghela, Physician (CL-1), Ahmedabad Central Jail, Ahmedabad.
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6. We have noticed in the recent times in this kind of proceedings that the prisoners at jail are either not getting proper treatment or their health issues are not being taken care of properly as no details are provided in medical certificates. We have come across many such certificates which are being produced before us in temporary bail applications. We have further noticed that this kind of certificates are stated to have been issued on the basis of case record at the Central Jail Dispensary. Resultantly, in one such matter we have passed the detailed order deprecating such kind of practice of issuing casual certificates that too without physically the prisoner and only on the basis of past medical record of the concerned prisoner. In Criminal Miscellaneous Application No.16626 of 2017 this Court passed detail order dated 24.07.2017 with a direction to place the said order before the I.G.Prison for information and further action. The said order has been passed in presence of learned Additional Public Prosecutor which appears to have been communicated to the concerned authority. Though such order is passed by this Court, time and again this Court has noticed that such kind of certificates are being issued in casual manner and therefore again recently on 04.08.2017 this Court passed order in Criminal Miscellaneous Application No.18587 of 2017 for such Page 4 of 7 HC-NIC Page 4 of 7 Created On Mon Aug 21 01:41:36 IST 2017 R/CR.MA/18228/2017 ORDER kind of issuance of medical certificate by another doctor and therefore we were constrained to keep said doctor present before this Court on 09.08.2017. Despite the aforementioned concern shown by this Court, presently we again notice yet another certificate issued by Dr.S.K.Vaghela, Physician (CL-1), Ahmedabad Central Jail, Ahmedabad. We have seriously taken note of situation that prisoners are not being given medical treatment properly and it appears that entire approach towards them is casual, indifferent and apathetic.
7. In the present proceedings, we were initially reluctant to grant temporary bail to the applicant since we were under impression that health issue of the present applicant would have been attended properly but on account of such casual attitude which is repetitively noticed by us, we are sure that these prisoners are neither getting proper treatment nor being paid any attention to and therefore, on account of this casual approach only we consider to partly grant the prayer made by the applicant in the present application. We have considered that on previous occasion when the applicant was enlarged on temporary bail, he surrendered well within time and his jail conduct is stated to be good. Substantially, we are considering the request of the applicant on the ground that the applicant appears to be not getting proper treatment in the Jail Prison as Page 5 of 7 HC-NIC Page 5 of 7 Created On Mon Aug 21 01:41:36 IST 2017 R/CR.MA/18228/2017 ORDER the certificate dated 08.08.2017 does not reflect anything about the status of the physical condition of the applicant as well as the gravity of the disease and what kind of treatment he is getting from the jail and what kind of treatment he was given at skin camp on 03.08.2017. Hence, we consider to release the applicant on temporary bail solely on the ground of casual certificate issued by Medical Officer of the Central Jail Prison, Ahmedabad. Hence, we pass the following order.
The applicant is directed to be released on temporary bail for a period of 10 days from the date of his actual release upon furnishing personal bond of Rs.5,000/- (Rupees Five Thousand only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority.
Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith.
8. We expect that some proper steps still to be taken in response to our previous detailed orders as referred above by I.G.Prison. We are once again constrained to get this order placed before I.G.Prison and the concerned Health Department of State Government for taking appropriate measures to Page 6 of 7 HC-NIC Page 6 of 7 Created On Mon Aug 21 01:41:36 IST 2017 R/CR.MA/18228/2017 ORDER improve the system which is prevailing in jail.
9. The application is partly allowed, in the above terms. Rule is made absolute to the above extent.
(SMT. ABHILASHA KUMARI, J.) (A.J. SHASTRI, J.) Amit Page 7 of 7 HC-NIC Page 7 of 7 Created On Mon Aug 21 01:41:36 IST 2017