Gujarat High Court
Rajkumar Madhabhai Vegada ... vs State Of Gujarat & on 7 April, 2015
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi, R.D.Kothari
R/CR.MA/6579/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 6579 of
2015
In CRIMINAL APPEAL NO. 1713 of 2013
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RAJKUMAR MADHABHAI VEGADA THRO'RITABEN RAJKUMAR
VEGADA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 07/04/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The matter was mentioned in the morning by Vegada Ritaben Rajkumar for urgent circulation of this application on the ground that her daughter is seriously ill.
1.1 Permission was granted. The papers are received from the Registry.
2. Learned APP Mr.Patel made available for perusal the jail remarks. The convict is undergoing life imprisonment for offence under Sections 302, 34, 143, 147, 148, 149, 307, 323 Page 1 of 4 R/CR.MA/6579/2015 ORDER and 324 of IPC. He is convicted on 20.11.2013. He has undergone only 2 years 2 months and 7 days as on 7.4.2015. During this period, he is granted temporary bail on five different occasions, of which twice he sought extension which was granted. Beside that, he has availed one furlough in the month of January,2015.
3. The applicant - Vegada Ritaben Rajkumar places for perusal a transfer form and states that same is given to her by the Medical Officer of Civil Hospital, Jetpur, recommending the transfer of the patient to some private hospital by saying that civil hospital does not have the required instrument to treat the emergent situation arising from extensive diabetic condition of the daughter of the applicant.
4. This Court, on 23.1.2015, passed an order in Criminal Misc. Application No.1627 of 2015. Relevant part of which reads as under :
" The present application is filed by the convict himself praying for temporary bail for 60 days while he is on furlough, which is to expire today and he has to report to the Jail tomorrow. The convict invited attention of the Court to various medical papers showing that his daughter is suffering from uncontrolled diabetes malitus. Doctor from Trimurti Hospitals, Junagadh has given certificated dated 13.08.2014, wherein he has stated that she is advised that, " .. .. She is advised to take insulin three times before meal & to check blood sugar thrice before Page 2 of 4 R/CR.MA/6579/2015 ORDER meal.
She is also advised to be hospitable if blood sugar level do not decrease, it may create an emergency."
The convict states that his wife is diagnosed 3 small right renal stones with single small left renal stone & concretion. There is another certificate dated 06.09.2014, wherein it is stated that, "Today's investigation reveals RBS in 704 - ketan - large. Urine sugar - 4/ c is not good.
Advised hospitalization & approx expenditure of Rs.20,000/- may occur, if not then going into diabetic nephropahty."
5. The Court granted him 30 days' temporary bail co- insided with the furlough. He has reported back to jail in the month of February,2015.
5.1 As per the say of the applicant, who is present before the Court, the daughter gets fluctuated blood sugar and she becomes critical when she is in coma.
5.2 The Court is not convinced that civil hospital will not have the required treatment. May be that applicant may not be satisfied with the nature of treatment made available to the patient from civil hospital.
6. Learned APP Mr.Patel to get the contents of the application verified at the earliest.
7. The matter is adjourned to 9.4.2015.
Page 3 of 4R/CR.MA/6579/2015 ORDER
8. Applicant is explained that she may not wait till 9.4.2015. In the event, on verification the temporary bail is warranted, the Court will pass the necessary orders.
9. A copy of this order be made available to learned APP for getting the necessary instructions in the matter.
(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) vipul Page 4 of 4