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CR.MA/8197/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8197 of 2011
In
CRIMINAL
APPEAL No. 1291 of 2005
=========================================================
ARJAN
BIJALBHAI - Applicant
Versus
STATE
OF GUJARAT & 1 - Respondents
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant.
MR KL PANDYA, ADDL.PUBLIC PROSECUTOR for Respondent(s)
: 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 20/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
applicant, Popatbhai Bijalbhai, has submitted the application through
Rajkot District Jail, for releasing his brother, convict-Arjanbhai
Bijalbhai, on temporary bail on the ground of convict’s ailment of
bronchitis.
2. The
medical case papers annexed to the application indicate that convict
Arjanbhai is being provided with the treatment in the Government
Hospital, Rajkot. Lastly, he seems to have been taken to the hospital
on 21.5.2011 and was discharged on 23.5.2011. He has refused to take
treatment suggested by the doctor, as can be seen from the
endorsement made under his own thumb impression.
3. The
convict has track record of abscondence for 1096 days.
4. The
convict would not enjoy unfettered right of treatment in a private
hospital of his choice, in light of the decision of this Court in
Amrutbhai Bholidas Patel vs. State of Gujarat, 2000(3) GLR
2460, which view came to be confirmed by the Supreme
Court. We, therefore, reject this application.
[A.L.Dave,J.]
[Bankim
N.Mehta,J.]
(patel)
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