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CR.MA/1922/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1922 of 2011
In
CRIMINAL
APPEAL No. 940 of 2010
=========================================
BHARAT
SHANTILAL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. L.B.DABHI, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 15/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Mr.
L.B.Dabhi, learned APP appears and waives service of notice of Rule
on behalf of the Respondent – State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
By
filing instant Application through jail authority, the applicant –
convict has prayed to release him on temporary bail for a period of
45 days to enable him to get the treatment from the Doctor of his
own choice as he is a known case of PLHA (HIV reactive) since
20.7.2010.
Having
considered the submission advanced by Mr.L.B.Dabhi, learned APP for
the Respondent – State of Gujarat and a perusal of the
averments made in the application, so also the jail remark sheet
forwarded by the jail authority along with the Application it is
seen that the Applicant convict has undergone total period of 2
years, 9 months and 28 days imprisonment. That apart, on perusal of
the medical certificate dated 3.2.2011 issued by Medical Officer,
Central Jail Dispensary, Ahmedabad, it is seen that the Applicant
accused is known case of PLHA (HIV reactive) since 20.7.2010 and is
given treatment according to (National Aids Control Programme, which
is approved by World Health Organization under the consultation of
ART experts of Civil Hospital, Ahmedabad. At present, the Applicant
accused has complained for blood in urine, but the urine sample
examination is normal and the patient is regularly seen and treated
by full time general surgeon of Central Dispensary.
In
view of this, though, the Applicant accused is a known case of PLHA
(HIV reactive) since 20.7.2010 and has been given regular treatment
by full time general surgeon of Central Dispensary, we are not
inclined to release the Applicant convict on temporary bail on the
grounds stated by him in the application.
For
the foregoing reasons, the application fails and accordingly it is
rejected.
Rule
is discharged.
(A.M.Kapadia,J)
(B.N.Mehta,J)
Jayanti*
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