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CR.MA/4605/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4605 of 2011
In
CRIMINAL
APPEAL No. 240 of 2006
=====================================
KALU
SOMABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
THROUGH JAIL for Applicant(s) :
1,
MR KARTIK PANDYA, APP
for Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P. BHATT
Date
: 09/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1.0 On
25th April 2011, the matter was adjourned to 3rd
May 2011 to enable the learned Additional Public Prosecutor to
produce on record the latest Medical Report of the applicant –
convict. The learned Additional Public Prosecutor made available the
same. On 3rd May 2011, the learned Additional Public
Prosecutor was granted time to get the Statement of the convict
recorded.
2.0 Learned
Additional Public Prosecutor Mr. Pandya places on record Statement of
the convict recorded on 7th May 2011. It is stated in the
same that the applicant – convict is ready to sell off his
share of land so as to get himself operated for the heart ailment.
3.0 Taking
into consideration the facts of the case and taking into
consideration the fact that earlier, the applicant – convict
was operated in UN Mehta Institute of Cardiology, Ahmedabad, which is
considered to be one of the pioneer institutes so far as treatment
for the heart ailment is concerned, the Court finds no reason to
grant this application. Hence, this application is rejected. Rule
is discharged.
[
Ravi R. Tripathi, J. ]
[
P. P. Bhatt, J. ]
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