Asim @ Munmun @ Asif Abdulkarim ... vs State Of Gujarat

ASIM @ MUNMUN @ ASIF ABDULKARIM SOLANKI Versus JAIL SUPERINTENDENT ========================================================== Appearance:

MS GAYATRIBA B JADEJA for the PETITIONER(s) No. for the RESPONDENT(s) No. MS JIRGA JHAVERI, PUBLIC PROSECUTOR for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE N.V.ANJARIA Date : 24/07/2020 IA ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI) Rule. Learned APP waives service of rule for the respondents.

1. This is an application, seeking extension of temporary bail granted by this Court, on account of the surgery to be performed on 30.06.2020.

2. According to him, he needed to get his examination done through the radiologist from a private laboratory, i.e. Shreeji Imaging Centre, which indicates that trachea and main bronchi appear normal. Further, there is no evidence of pleural effusion or pleural mass lesion is seen on the either side and there is no erosion of bone. The impression shows the patch areas of ground glass opacity at left lower lobe, at peripheral distribution. Moreover, there is likely ineffective etiology with atypical virus. It, further, indicates that he is highly suspected for Covid-19 virus.

3. According to the report of Dr. Jayesh Bhulabhai Patel, Radiologist, who runs Shreeji Imaging Centre in partnership with Dr. Parthiv Bhandari, who also is an M.D. Radiologist, on 13.07.2020, his H.R.C.T. Thorax Scan was performed and the report is, as stated above. He also stated that there is possibility reflected of his being positive of Covid-19 virus.

R/CR.A/249/2019 IA ORDER

4. We have heard the learned Advocate, Ms. Jadeja, for the applicant and learned APP, Ms. Jhaveri, for the respondent State.

5. Learned Advocate, Ms. Jadeja, insisted that he has been asked to be quarantined for four weeks. She, further, urged that his wife has already tested positive for Covid-19 virus. She, therefore, has urged that he may be permitted to surrender on completion of four weeks, as his admission in jail, at this stage, would also be a difficult proposition.

6. Ordinarily, the period prescribed for quarantine is 14 days. Moreover, there is no prescription of any doctor to undergo quarantine for four weeks. The report of the private laboratory, since, has come on 13.07.2020, let the applicant present himself before any government doctor, at the end of 14 days, i.e. on 28.07.2020. If, he tests positive, then, he may CONTINUE to be on temporary bail upto 13th August, 2020, which shall be on the same terms and conditions, as he was granted temporary bail on earlier occasion, or else, he shall SURRENDER before the concerned jail authority on 30th July, 2020.

7. Disposed off, accordingly. Rule is made absolute to the aforesaid extent.

8. Office to send a copy of this order to the concerned jail authority through EMAIL / FAX, forthwith.

(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./UMESH Page 2 of 2 Downloaded on : Mon Jul 27 21:06:02 IST 2020