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CR.MA/1013/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1013 of 2011
In
CRIMINAL
APPEAL No. 1611 of 2010
=========================================
MUKESH
@ TINO VADILAL
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 BANKIM.N.MEHTA
Date
: 07/02/2011
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
30 days to enable him to get the treatment from the Doctor of his
own choice as he is a known patient of HIV Positive since 2008.
We
have 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, and also the jail remark sheet
forwarded by the jail authority along with the Application, so also
the medical certificate dated 21.1.2011 issued by Medical Officer,
Central Jail Dispensary, Ahmedabad, wherein, it is mentioned that
the Applicant convict is getting symptomatic treatment from time to
time according to his minor complaints such as mild fever, cough,
body ache as per the advice of jail medical officers, and at present
he can do his routine activities and his health is improving.
Besides this, earlier Criminal Misc. Application No. 15523 of 2010
filed by the Applicant convict, on the Similar ground, has been
rejected by this Court by order dated 24.12.2010.
In
view of this, 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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