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CR.MA/2353/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2353 of 2011
In
CRIMINAL
APPEAL No. 379 of 2007
=========================================================
BUDHABHAI
MASHARUBHAI - Applicant(s)
Versus
THE
STATE OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
THROUGH
JAIL for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 01/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1.0 Taking
into consideration the contents of the application wherein, it is
stated that the applicant – convict who has applied for
temporary bail through jail is under treatment of Tuberculosis for
last about 12 months, but there is no improvement.
2. Mr.Shah,
learned Additional Public Prosecutor places on record a certificate
issued by the Medical Officer, Central Jail Dispensary, Ahmedabad
alongwith a letter dated 26/02/2011 from very same Medical Officer
addressed to the Superintendent, Ahmedabad Central Jail, Ahmedabad.
2.1 The
Court wanted to know as to what is the normal period for which the
treatment is required to be given to a patient of Tuberculosis. In
letter dated 26/02/2011 it is mentioned that CAT-II is required to be
taken for one year and, if it is taken regularly there has to be an
improvement in condition of the patient. It is further mentioned
that if the medicines are not taken regularly then medicine loses
its effectiveness and the patient may go into MDR (Multi Drug
Resistance) and he may then spread the infection to other persons
also.
3. The
certificate dated 25/02/2011 reads as under:
“… He is known case of
pulmonary tuberculosis with Rt. Sided plural effusion. He was
admitted at TBCD dept. Civil Hospital Ahmedabad from 15/09/2010 to
18/09/2010 and CAT-II treatment was started under RNTCP (Revised
National Tuberculosis control programme). At present he is
taking all the necessary medicines under the medical officer as well
as full time physicians and RNTCP supervisor. He is also
provided extra medical diet by jail authority.
Patient has gained weight from
12/01/2011 to 25/02/2011, 38 kg to 44 kg which suggests patient is
improved due to CAT – II treatment….”
4. In
light of the aforesaid contents of the communication dated 26/02/2011
and the certificate dated 25/02/2011, the Court is of the opinion
that grant of temporary bail at this stage to the applicant –
convict will not be in his interest and therefore the application is
rejected.
5. The
liberty is reserved in favour of the applicant – convict to
make an application for grant of temporary bail after he is having a
favourable medical opinion for the grant of such temporary bail.
(RAVI
R TRIPATHI, J.)
(P
P BHATT, J.)
sompura
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