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CR.MA/2856/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2856 of 2011
In
CRIMINAL
APPEAL No. 1381 of 2008
=========================================================
VIPUL
SHIVABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KP RAVAL, 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
: 04/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed by the convict prisoner through jail
praying for temporary bail for a period of 60 days for his own
treatment.
It
is set out in the application that the convict prisoner is suffering
for about last 1 and 1/2 years from ‘Thyroid’ and ‘Sinus’.
Besides, he is also having complain of unbearable pain on the left
side in the chest. There is communication dated 25.2.2011 from the
Medical Officer, Vadodara Central Jail, Vadodara to the
Superintendent, Vadodara Central Jail, Vadodara. In this
communication at item No.4, it is mentioned that ‘For Thyroid
Function Test he was referred to Civil Hospital Ahmedabad on
Dt.14-10-2010’. Item No.5 says that ‘H.O.D. Of Biochemistry sent
back the patient with a note stating ‘Thyroid Function Test recently
not been done in Hi-Tech Laboratory’.
There
is medical paper attached to the application wherein this item No.5
is found. It is under the signature of Professor and Head of the
Department of Biochemistry, B.J.Medical College, Ahmedabad.
The
Court is at pains to observe that after 14.10.2010 when the convict
was referred for ‘Thyroid Function Test’ which could not be
materialized on account of some difficulties with the Hi-Tech
Laboratory, nobody bothered to re-refer the convict for the said test
though almost five months are over by today.
Registry
is directed to send a copy of this order to the I.G.Prisons, who, in
turn, is expected to issue necessary circular or instructions to all
concerned that when it is a matter of medical treatment, a person
concerned must have personal touch in the matter. This absence of
‘personal touch’ is clearly borne out from the papers of the present
case wherein though the patient was referred for ‘Thyroid Function
Test’ on 14.10.2010 which could not be materialized, nobody bothered
for subsequent five months to re-refer the convict for the said test.
I.G.Prisons to ensure that such situation is not repeated in future.
From
the jail remarks, it is clear that the convict prisoner has enjoyed
three temporary bails and one furlough. Lastly, he was out on
temporary bail for seven days from 15.1.2011 to 21.1.2011 for his own
engagement.
Rule.
Learned APP Mr.Raval waives service of notice of rule on behalf of
the respondent State.
Taking
into consideration the contents of the application, the application
is partly allowed. The convict prisoner is ordered to be released on
temporary bail initially for a period of 30 days from the date of his
actual release on his executing a personal bond of Rs.5000/- (Rupees
five thousand only) with one surety of the like amount to the
satisfaction of the Jail authorities.
On
his production of convincing material about the treatment and
progress therein, it will be open for the convict prisoner to renew
his request for extension of temporary bail period.
The
applicant shall surrender himself to the Jail authorities on expiry
of the above temporary bail period. Rule is made absolute to the
aforesaid extent.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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