Gujarat High Court
Mamubhai Dharabhai Rabari vs State Of Gujarat on 21 January, 2022
Author: Gita Gopi
Bench: Gita Gopi
R/CR.MA/1520/2022 ORDER DATED: 21/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1520 of 2022
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MAMUBHAI DHARABHAI RABARI
Versus
STATE OF GUJARAT
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Appearance:
MR JAIMIN A MEHTA(10552) for the Applicant(s) No. 1
MR HK PATEL, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No.
1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 21/01/2022
ORAL ORDER
1. This application is moved by the petitioner-convict for temporary bail on the ground of his own treatment as he is suffering from cataract problem and HIV disease. As per the record, the said treatment has been given to the petitioner in the jail hospital.
2. Heard Mr. Jaimin Mehta, learned advocate for the applicant and Mr. H.K. Patel, learned Additional Public Prosecutor and perused the material on record.
3. In the case of Amrutbhai Bholidas Patel v. State of Gujarat reported in 2001 (1) GLH 328, this Court has observed that where the petitioner is an under-trial prisoner and his liberty and privilege has been temporarily curtailed, he cannot have the right to select a particular doctor or particular hospital from whom or from where he should get treatment. In other words, he does not have as much liberty as a free citizen Page 1 of 2 Downloaded on : Fri Jan 21 21:04:17 IST 2022 R/CR.MA/1520/2022 ORDER DATED: 21/01/2022 enjoys to canvass the case that he should be treated by a particular doctor of his choice outside the City and more particularly, when the treatment which he requires is available in the City itself.
4. In the present case, the treatment for which the applicant is seeking temporary bail could be provided by the concerned jail authority as the jail authority has its own panel of Medical Officers and is equipped with good facilities. Considering the facts of the case in light of the judgment rendered in Amrutbhai Bholidas Patel's case (supra), this Court finds no reason to entertain this application. Hence, the application is rejected.
(GITA GOPI,J) A.M.A. SAIYED Page 2 of 2 Downloaded on : Fri Jan 21 21:04:17 IST 2022