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CR.MA/9650/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9650 of 2010
In
CRIMINAL
APPEAL No. 1958 of 2006
=========================================
SUNIL
SHRIHARI FANSALKAR
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
: 23/08/2010
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
31.8.2006 rendered in Sessions Case No.11 of 2006
by the learned Additional Sessions Judge, Valsad, for the offence
punishable under Section 302 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
60 days, to enable him to get the treatment of his ailment from the
Doctor of his own choice.
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 4 years, 9 months and 23 days of imprisonment as
against the sentence of imprisonment for life. Besides this, in the
certificate dated 10.8.2008 issued by Medical Officer, Vadodara
Central Jail, Vadodara, it is stated that initially he was suffering
from swelling in front of the neck but during the FNAC test,
swelling disappeared and he is now under the conservative treatment
by ENT surgeon and follow up is done by the jail medical officers.
It is also stated in the certificate that he is a known case of
Chest Pain with Hypertension, and Angiography was done at U.N.Mehta
Institute of Cardiology and Research Center, Ahmedabad and he is
undergoing conservative management for Chest Pain and Hypertension
from Jail Dispensary as well as by Physicians visiting in Jail and
S.S.G.Hospital, Vadodara.
In
view of the aforesaid certificate, it is seen that the Applicant is
getting the required treatment of his ailment and therefore it is
not necessary to take any further treatment from the Doctor of his
own choice.
In
view of this, we are not inclined to enlarge the Applicant 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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