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CR.MA/1018/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1018 of 2006
In
CRIMINAL
APPEAL No. 394 of 2003
==============================================================
CHHAGANLAL
PANNALAL - Applicant
Versus
STATE
OF GUJARAT & 1 - Respondents
==============================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,MRS MADHUBEN SHARMA for Applicant(s) : 1,MS SADHANA SAGAR for
Applicant(s) : 1,
MR KT DAVE, ADDL.PUBLIC PROSECUTOR for
Respondents.
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.M.PANCHAL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 13/02/2006
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.M.PANCHAL)
By
forwarding this application through the Superintendent, Central Jail,
Baroda, the prisoner i.e. Chhaganlal Pannalal Acharya, undergoing
sentence of R.I. for ten years and fine of Rs. 3 Lakhs, in default,
R.I. for six years , for commission of offences punishable under
Sections 17, 18 & 19 of the N.D.P.S.Act, 1985, has prayed to
enlarge him on temporary bail for a period of 45 days to enable him
to take treatment from the doctor of his own choice regarding
interstilial lung disease from which he is suffering.
2. Heard
the learned advocate of the respondents. This application was placed
for admission hearing before the Court on February 3, 2006 and after
considering the averments made therein, rule was issued making it
returnable today. The learned A.P.P. was also requested to verify the
correctness of averments made in the application and produce before
the Court on the returnable date the latest medical-certificate
indicating as to from which ailment the convict is suffering and
whether he is responding to the treatment given to him. Today, during
the course of hearing of the application, the learned A.P.P. has
produced certificate dated February 6, 2006 issued by Dr.S.A.Arya,
Medical Officer, Vadodara Jail Dispensary, to the Superintendent,
Vadodara Central Prison. It is ordered to be taken on record of the
case. It reads as under :
?SWith reference to above
subject C.P.No.76964- Chhaganlal Pannalal is taking treatment from
Jail Dispensary as well as from S.S.G.Hospital, Vadodara since last 2
to 3 years.
He is known case of ILA
(Interstilial Lung Diseases) with Right side Phenothorax and patient
is at present on conservative treatment in Jail Dispensary and
S.S.G.Hospital, Vadodara.
He is K/C/O Hbs Ag + ve
case (Hepatitis B) with ? Post Koch’s Sequelae ? Bronchiectasis ?
Malignancy.
At present patient is
taking conservative treatment from S.S.G.Hospital Vadodara and at
present patient’s condition is stable with conservative treatment
from S.S.G.H.??
3. In view of contents of
above-quoted certificate, this Court is of the opinion that the
convict is being given conservative treatment from S.S.G.Hospital,
Vadodara and at present his condition is stable. Therefore, prayer
made in the application cannot be granted and is liable to be
refused, more particularly when the conviction recorded is for
serious offences punishable under the provisions of the N.D.P.S.Act.
For the foregoing reasons, the
application fails and is rejected. Rule is discharged.
[J.M.PANCHAL,J.]
[ H.B.ANTANI,J.]
(patel)
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