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CR.MA/266/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 266 of 2011
In
CRIMINAL
APPEAL No. 1277 of 2006
=========================================
ABHUBHAI
PITHUBHAI
Versus
STATE
OF GUJARAT & ANR
=========================================
Appearance :
THROUGH
JAIL for
Applicant
MR
L.B. DABHI APP for Respondent No. 1
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 17/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 RULE
2 Mr.
L.B. Dabhi, learned APP appears and waives service of notice of Rule
on behalf of the respondent – State of Gujarat.
3 Having
regard to the facts of the case, the application is taken up for
hearing today.
4
The applicant – convict prisoner, who vide judgment and order dated
23.5.2006, rendered in Sessions Case No. 42 of 2001, by the
Additional Sessions Judge, Fast Track Court No.2, Surendranagar,
has been convicted for the offences punishable under Section 302,
etc. of the Indian Penal Code and sentenced to undergo imprisonment
for life, has filed this Application, through jail authority,
praying to enlarge him on temporary bail, for a period of 45
days, to enable him to get treatment of his ailment `diabetics’
by a Doctor of his own choice.
5 Having
heard 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 remarks sheet forwarded by
the Jail Authority along with the application, according to us,
`diabetics’ is a general disease which can be taken care of by
the applicant in jail and also he can get treatment from the
jail Doctor.
`
6 Seen
in the above context, instant application lacks merit and deserves
to be rejected
7 For
the foregoing reasons, the Application fails and according it is
rejected. Rule is discharged.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
pnnair
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