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R/CR.MA/7319/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7319 of 2011
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PRAFUL
@ BHIKHA KESHUBHAI PANSURIYA....Applicant(s)
Versus
STATE
OF GUJARAT....Respondent(s)
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Appearance:
MR
HRIDAY BUCH as ADVOCATE for the Applicant(s) No. 1
PUBLIC
PROSECUTOR for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MS.JUSTICE B.M.TRIVEDI
Date
: 31/05/2011
ORAL
ORDER
1. Rule.
Mr JK Shah learned APP waives service of rule on behalf of the State.
2. The
petitioner has preferred the present application seeking his release
on temporary bail for a period of 4 weeks for taking treatment in the
private hospital. It has been submitted by Mr Param Buch for Mr.
Hriday Buch learned advocate for the petitioner that the petitioner
is suffering from tuberculosis since 2009 and is being given
treatment at the Civil Hospital Junagadh and then Civil Hospital,
Rajkot, but his condition having not been improved, he is required to
take treatment in the private hospital, for which, the present
application has been preferred.
3. Having
regard to the submissions made by the learned advocate for the
petitioner and the medical papers annexed to the application, it
appears that the petitioner is suffering from tuberculosis and is
being treated for the same in the Civil Hospital at Junagadh as well
as Rajkot. It also appears that the petitioner is an under trial
prisoner facing the trial of the offence under sec. 302, 397, 342,
201, 114 and 120-B of IPC and the trial is pending before the
Sessions Court, Junagadh. It further appears that the petitioner had
also made an application to the said Sessions court seeking his
release on temporary bail for the same reason, which has been
rejected by the learned Addl. Sessions Judge, Junagadh vide order
dated 18.5.2011. It has been observed in the said order that the
petitioner is being given appropriate treatment for the tuberculosis
in the Civil Hospital which has separate ward of tuberculosis and is
given best of the treatment. It has also been observed that the
tuberculosis requires prolonged treatment and it could not be cured
in three weeks even if the petitioner is permitted to take treatment
in the private hospital. The petitioner has also not stated as to in
which hospital he wants to take treatment. Even otherwise, there
being no substance in the present application, the same deserves to
be dismissed and is accordingly dismissed. Rule is discharged.
(BELA
TRIVEDI, J.)
mandora/
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