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CR.MA/3396/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3396 of 2011
In
CRIMINAL
APPEAL No. 242 of 2006
=========================================================
DHANABHAI
RUPABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR DC SEJPAL, ADDL.PUBLIC PROSECUTOR for
Respondents.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 16/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
applicant-convict seeks temporary bail for his own treatment. The
applicant is suffering from palpitation with chest pain. He was
treated by SSG Hospital and then diagnosed to be having
supraventricular tachycardia. He was then referred to U.N.Mehta
Institute of Cardiology at Civil Hospital, Ahmedabad, for
eletrophysiological study, which he refused to undergo. He is also
reported to be a chronic smoker and irregular in taking medicines.
2. The
applicant is a convict undergoing imprisonment for life. He has been
sent to an acclaimed Institute for treatment and if he refuses, he
cannot insist for treatment by a private doctor and a convict cannot
enjoy such unfettered right of being treated by a private doctor of
his choice. This view was taken by this Court in Amrutlal
Bholidas Patel vs. State of Gujarat, 2000(3) GLR 2460 and the
view was confirmed by the Apex Court. Under the circumstances, we
reject this application.
[A.L.Dave,J.]
[R.M.Chhaya,J.]
(patel)
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