Gujarat High Court
Mansukhbhai vs State on 9 September, 2011
Bench: D.H.Waghela, J.C.Upadhyaya
Gujarat High Court Case Information System
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CR.MA/12232/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12232 of 2011
In
CRIMINAL
APPEAL No. 2020 of 2010
======================================
MANSUKHBHAI
CHHAGANBHAI BHATT THROUGH DEVIKABEN M BHATT
Versus
STATE
OF GUJARAT AND AOTHER
======================================
Appearance
:
MR MP SHAH for Applicant,MS.
KRUTI M SHAH for Applicant.
MR KARTIK PANDYA, APP for Respondent
No.1.
None for Respondent
No.2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 09/09/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1. Rule.
Mr.Kartik Pandya, learned APP waives service of rule on behalf of the respondent.
2. The petitioner, who is wife of the convict, Mansukhbhai Chhaganbhai, preferred this application seeking temporary bail for 30 days for the convict.
3. Ms.Kruti Shah, learned advocate for the petitioner submitted that the convict is undergoing sentence in connection with Special NDPS Case No.1 of 2003 under Section 22 read with Section 29 of the NDPS Act. Ms.Shah submitted that though this Court on 22nd June 2011 in Criminal Misc. application No.8441 of 2011 by specific order directed the concerned jail authority to make available the required treatment to the convict as the convict is suffering from diabetes and the cataract is developed in his right eye and required urgent operation yet no proper treatment was given to the convict till date and, therefore, this application is filed. Ms.Shah submitted that the convict is aged about 71 years and he has undergone, by now, the period of eight years and eleven months in the jail.
4. Mr.Pandya, learned APP opposed this application and stated that appropriate treatment is administered to the convict in the jail dispensary.
5. Perusing order dated 22.6.2011 passed in Criminal Misc. Application No.8441 of 2011, it specifically directed the concerned jail authority to make available the required treatment to the convict, however, considering letter dated 5.9.2011 addressed to Superintendent, Vadodara Central Jail, Vadodara, by Medical Officer, Central Jail, Vadodara, it transpires that no treatment is given to the convict regarding his cataract, and considering the certificate of Dr.Nagpal dated 22.8.2011 produced by the petitioner in this application, it clearly transpires that urgent steps are required to be taken for cataract extraction and other ancillary treatment. Considering the jail remark-sheet it is true that on two occasions the convict was released on temporary bail with police escort; earlier on 28.11.2010 for 15 days the convict was released on parole and he surrendered in time before the jail authority.
6. Considering the facts and circumstances of the case, the application is allowed in part. The convict, Mansukhbhai Chhaganbhai Bhatt, is ordered to be released on temporary bail for the period of ten days from the date of his actual release, upon furnishing personal bond in the sum of Rs.5,000/- [Rupees five thousand only] before the jail authority on usual terms and conditions. After expiry of the temporary bail period, the convict shall surrender before the concerned jail authority immediately. Rule is made absolute accordingly. Direct service is permitted.
(D.H.Waghela, J.) (J.C.Upadhyaya, J.) *malek Top