Vihabhai Panchabhai Patel vs State Of Gujarat &

(PER : HONOURABLE MR.JUSTICE M.R. SHAH) The present Application through jail has been preferred by the applicant-convict to release him on temporary bail for his own medical treatment.

At the outset, it is required to be noted that the applicant has been recently convicted by the learned trial Court for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo life Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu May 05 00:03:13 IST 2016 R/CR.MA/9705/2016 ORDER imprisonment vide judgment and order of conviction dated 14.10.2015.

Ms. Nisha Thakore, learned Additional Public Prosecutor appearing for the respondent State has produced on record the medical certificate issued by Dr. S.K.Vaghela, Physician, Central Jail Dispensary, Ahmedabad dated 3.5.2016 and also signed by Dr. K.R.Shah, Medical Officer, Central Jail Dispensary, Ahmedabad which is ordered to be taken on record. In the medical certificate, it is stated that the convict was referred to M.J. Institute of Opthalmology in December, 2015 and was treated for Corneal Ulcer in left eye. It is further stated that thereafter, he was referred to U.N.Mehta Institute of Cardiology on 29.2.2016 and 1.3.2016 for ECHO Cardiograph and Coronary Angiography respectively. He was advised PTCA for right coronary artery but the convict has refused for PTCA at U.N.Mehta Institute of Cardiology and stated that he wanted to be operated by his own expenses at a private hospital outside jail.

2. Considering the aforesaid, it appears that the applicant convict has been given full medical treatment by the jail dispensary and even from U.N.Mehta Institute of Cardiology. The applicant-convict cannot insist that he must get medical treatment at a private hospital hospital outside jail. It cannot be disputed that U.N.Mehta Institute of Cardiology is one of the best Institute. Therefore, if the convict is still agreeable, the jail authorities are directed to see that PTCA of the convict is done at U.N.Mehta Institute of Cardiology and is given full treatment. He may be informed accordingly so that he can be given full medical treatment as required at U.N.Mehta Institute of Cardiology.

Application is dismissed. Notice is discharged.

(M.R.SHAH, J.) (A.J. SHASTRI, J.) VC DARJI Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu May 05 00:03:13 IST 2016