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CR.MA/9364/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9364 of 2010
In
CRIMINAL
APPEAL No. 56 of 2006
=========================================
JAGDISH
MANILAL PARMAR
Versus
STATE
OF GUJARAT & 1
=========================================
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 J.C.UPADHYAYA
Date
: 16/08/2010
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, the applicant convict – prisoner,
who has been convicted vide judgment and judgment and order dated
9.12.2005 rendered in Sessions Case No.68 of 2005 by the learned
Additional Sessions Judge, Fast Track Court No.4, City Sessions
Court, Ahmedabad for the offence punishable under Sections 302, etc.
of the Indian Penal Code and sentenced to imprisonment for life, has
filed this application through jail authority, praying to enlarge
him on temporary bail for a period of 30 days, to enable him to get
the treatment of Doctor of his own choice for his heart ailment.
We
have considered the submissions advanced by Mr. L.B.Dabhi, learned
APP for the Respondent State of Gujarat and perused the
averments made in the application and the supporting documents that
form part of the application. We have also gone through the jail
remark sheet submitted by the learned APP.
Upon
perusal of the jail remark sheet, we have noticed that the applicant
has undergone 5 years, 8 months and 3 days of imprisonment as
against the sentence of imprisonment for life, and during the said
period he has enjoyed two furlough leave for 14 days in 2007 and
2009. However, on perusal of the medical certificate issued by
Medical Officer, Central Jail Dispensary, Ahmedabad, it is seen that
the Applicant is not suffering from any specific heart disease. He
was investigated by U.N.Mehta Hospital and the report shows that
his Trop 1 is Negative, TMT is Negative and ECHO Cardiograph is
normal. The certificate also shows that the jail authority is
giving treatment as per guidelines given by the hospital and by the
physician of Central Jail Dispensary.
In
view of this, since the Applicant convict prisoner is not
suffering from any serious heart ailment, we are not inclined to
enlarge him on temporary bail, on the grounds stated by him in his
application.
For
the foregoing reasons, application fails and accordingly, it is
rejected.
Rule
is discharged.
(A.M.Kapadia,J)
(J.C.Upadhyaya,J)
Jayanti*
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