Gujarat High Court
Sherkhan vs State on 17 June, 2011
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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CR.MA/8218/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8218 of 2011
In
CRIMINAL
APPEAL No. 1525 of 2010
=====================================
SHERKHAN
SAMESHRKHAN PATHAN, THRO' SABNURBAI SAMSHERKHAN PAT - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
MS SADHANA SAGAR for
Applicant(s) : 1,MR DD CHUDASAMA for Applicant(s) : 1,PARTY-IN-PERSON
for Applicant(s) : 1,
MR
KARTIK PANDYA, APP for
Respondent(s) : 1,
None for Respondent(s) :
2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P. BHATT
Date
: 17/06/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1.0 Present application is filed by Sabnurbai Shamsherkhan Pathan - the mother of the convict, seeking Temporary Bail. The applicant - mother of the convict is accompanied by his brother and two other relations. It is mentioned in the application that the convict - Sherkhan Shamsherkhan Pathan has suffered 'Paralytic Attack of Right Side' and for last about 15 days, he is not keeping good health. About 10 days before, he was required to be admitted in the Civil Hospital and he was kept there as an indoor patient for about 05 days. At present, he is required to be taken to the Civil Hospital every day but there is no improvement. There being total incapacitation due to 'Paralysis'. He is not able to move and he has difficulties in answering the natural call. There is nobody in the jail hospital to look after him.
2.0 Learned Additional Public Prosecutor Mr. Pandya made available for perusal the Jail Remarks. The convict is undergoing sentence imposed by the City Sessions Court, Ahmedabad for an offence punishable under Section 22(C) of the NDPS Act by judgment and order dated 8th August 2006 in Sessions Case No. 110 of 2005. He has undergone imprisonment of 06 years, 05 months and 15 days as on 16th June 2011.
3.0 Looking to the papers, no case is made out for grant of Temporary Bail. Hence, the application is rejected.
3.1 However, learned Additional Public Prosecutor is requested to see that necessary required medical treatment is made available to the convict.
3.2 A copy of this order be made available to the learned Assistant Government Pleader for its onward communication for compliance.
[ Ravi R. Tripathi, J. ] [ P. P. Bhatt, J. ] hiren Top