Gujarat High Court
Siddik @ Matinga Abdulla Badam Shaikh vs State Of Gujarat & on 22 March, 2017
Author: Anant S. Dave
Bench: Anant S. Dave, G.R.Udhwani
R/CR.MA/7458/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 7458 of
2017
In CRIMINAL APPEAL NO. 590 of 2011
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SIDDIK @ MATINGA ABDULLA BADAM SHAIKH....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR JM PANCHAL, MR NARENDRA N PRAJAPATI & MR KJ PANCHAL SPL.
PUBLIC PROSECUTORS for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 22/03/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE) 1 The applicant, who is facing life sentence, and enhancement case along with other Confirmation Cases are heard and pending for judgment, has filed this application. The request in this application is to grant temporary bail to the convict on the ground of taking treatment in private hospital at his own cost for the ailments mentioned in letter dated 10.03.2017 written by the Medical Officer, Vadodara Central Jail, Vadodara to the Superintendent, Vadodara Page 1 of 5 HC-NIC Page 1 of 5 Created On Mon Aug 14 23:19:22 IST 2017 R/CR.MA/7458/2017 ORDER Central Jail, Vadodara. The content of the letter dated 10.03.2017 reads as under:
"With reference to the subject cited above the Medical Status & condition of the Prisoner patient CP No.82288 - Siddik @Matunga Abdulla Badam is as follows:
1 The patient is known case of Bronchial Asthma for about 12 [Twelve] years and on regular treatment by jail physician.
2 On Dt.09042012, the patient complained of cough, breathlessness for 2 [Two] months & swelling over right inguinal region for 4 [Four] months.
3 On Dt.09042012 he was referred to S.S.G. Hospital, Vadodara, where he was examined & investigated by Physician & General Surgeon. Their findings are as follows:
• Sputum examination for Acidfast bacillus i.e., for Tuberculosis [done on Dt: 09042012 & 10042010]: Negative • Chest Xray : No abnormality detected • Ultra Sonography [Prostate, PRV & Bilateral inguinal region] : No Sonographic Abnormality Detected in bilateral inguinal region.
4 Patient was examined by Assistant Professor of Surgery, S.S.G. Hospital, Vadodara on Dt.09042012 and diagnosed as right inguinal hernia and advised Surgery on nonurgent basis.
5 Then after he was frequently seen by medical officer, jail physician and jail surgeon in jail dispensary and treated Page 2 of 5 HC-NIC Page 2 of 5 Created On Mon Aug 14 23:19:22 IST 2017 R/CR.MA/7458/2017 ORDER accordingly.
6 Patient was examined by jail surgeon on Dt.060116, 180116, 250116, 1102 16, 280316, 060416, 180416, 280416 and 020516, for his complaint of Bleeding per rectum in known case of right sided inguinal Hernia. Patient was examined, investigated treated accordingly.
7 During this period on Dt.180416, patient was examined by jail surgeon for his same above complaint and he was advised to refer this patient at S.S.G. Hospital, Vadodara for Inguinal Hernia and Bleeding per rectum. But patient refused & gave negative consent for same operation at S.S.G. Hospital as patient wants the above operative treatment in private Hospital at his own cost and risk as per his application dated 07052016.
8 Then after patient was examined by jail surgeon on Dt.310516, 160916, 15 0616, 010716, 140716, 010816, 10 0816, 120816 and 010916 and he was advised to refer this patient at S.S.G.Hospital, Vadodara for Inguinal Hernia and Bleeding per rectum. We had asked for revoke order from home department [as the patient is under CrPC 268] for further treatment of the patient on Dt.02092016, but till date no revoke order had been received.
9 Patient was examined jail Surgeon in last seven months I.e. on Dt.200916, 06 1016, 021116, 110117, 160117, 23 0117, 200217, 270217 & 060317 and advised conservative treatment. On Dt.20 022017 he was again advised for Haemorroidectomy & Hernioplasty at Page 3 of 5 HC-NIC Page 3 of 5 Created On Mon Aug 14 23:19:22 IST 2017 R/CR.MA/7458/2017 ORDER S.S.G.Hospital, Vadodara. Again we had asked for revoke order for further treatment of the patient on Dt.09032017.
At present patient is under treatment by jail surgeon".
2 Mr. J.M.Panchal, learned Special Public Prosecutor for the State, however, would contend that conditions be imposed at least to see that convict returns safely to jail upon completion of treatment.
3 Heard Mr. J.M.Panchal, learned Special Public Prosecutor and perused the record. No doubt jail authority has recommended for temporary suspension of restriction imposed under Section 268 of the Code of Criminal Procedure, 1973 qua the applicant so that he can be treated at S.S.G.Hospital, Vadodara and earlier the applicant had refused to undergo operation / treatment at S.S.G.Hospital, Vadodara and considering overall facts and period of imprisonment undergone by the applicant, we are inclined to release the convict on temporary bail for a period of 7 [Seven] days from the date of his release on his furnishing personal bond of Rs.10,000/ [Rupees Ten Thousand] only. This shall be under adequate and sufficient police japta. The convict shall not insist on entering any place or premises which is not within the sight of accompanying police personnel. The police officers shall also take all necessary Page 4 of 5 HC-NIC Page 4 of 5 Created On Mon Aug 14 23:19:22 IST 2017 R/CR.MA/7458/2017 ORDER precautions to bring the convict safely to jail. The convict shall mark his presence in the office of the Superintendent of Police, Godhra, on alternative days, during the period he is on temporary bail.
4 With the above direction, the application is partly allowed.
The Registry is directed to communicate this order to the concerned jail authority, forthwith.
(ANANT S.DAVE, J.) (G.R.UDHWANI, J.) pvv Page 5 of 5 HC-NIC Page 5 of 5 Created On Mon Aug 14 23:19:22 IST 2017