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2000 Supreme(Guj) 808
Gujarat High Court
Judgename :A.M.KAPADIA
AMRUTBHAI BHOLIDASBHAI PATEL - Appellant
Versus
STATE - Respondent
CRI.M.A.4072 of 2000
Decided On : 09/29/2000
Subject
Bail - Medical Bail
Act Referred
CRIMINAL PROCEDURE CODE : S.439(1), S.437
INDIAN PENAL CODE : S.302, S.34, S.201
Headnote
From the averments made in the petition and the submissions advanced during the course of hearing and more particularly from any of the medical case papers annexed with the petition Court does not find any new ground requiring consideration, even though Court has dealt with it at length in earlier paragraphs of this judgment for coming to the conclusion that the ailment of heart can be treated in any of the best available hospitals in Ahmedabad City as per the choice of the petitioner. It should not be lost sight that the petitioner is an under-trial prisoner and his liberty and privilege is temporarily curtailed. He cannot have the right to select a particular doctor or particular hospital from whom or from where he should get treatment. In other words, he does not have as much liberty as a free citizen enjoys to canvass the case that he should be treated by a particular doctor of his choice outside Ahmedabad and more particularly treatment which he requires is available in the City of Ahmedabad itself.
Therefore, he cannot be released either on regular or temporary bail for getting treatment outside Ahmedabad on the ground of ailment.
[Para 25]
In view of what is stated and in view of the settled legal position, this petition cannot be entertained. However, in order to see that the petitioner gets needed medical aids it would be necessary to direct the Superintendent of Central Prison, Sabarmati, Ahmedabad to take appropriate steps when need arises.
[Para 27]
( 1 ) THE petitioner who is in judicial custody with reference to C. R. I-38 of 2000 registered with Sarkhej Police Station for the offences punishable under Section 302 read with Sections 34 and 201 of the Indian Penal Code as well as Section 25 (1) (c) of the Arms Act has filed this petition under Section 439 (1) read with Section 437 of the Code of Criminal Procedure, 1973 (the Code for short hereinafter) and prayed to enlarge him on bail on such terms and conditions as may be deemed just, fit and reasonable by this court. In the alternative, the petitioner has prayed to release him on temporary bail to enable him to take medical treatment for his heart ailment and other ailments including cancer of prostate.
( 2 ) FROM the averments made in the petition it become obvious that C. R. I-38 of 2000 is registered with Sarkhej Police Station pursuant to the FIR lodged by Smt. Artiben, widow of Arvindbhai Patel and daughter-in-law of the present petitioner. In the FIR it is stated that the deceased who was carrying on business as a builder was having land known as Shantivan Farmhouse situated in the sim of village Makarba. As he had 1/3rd share therein, on the day of incident i. e. , February 20, 2000, the petitioner, with a view to usurp the share of deceased, quarrelled with him and murdered him by firing shot from his revolver. According to the complainant, over and above the petitioner, Virendrabhai Patel - who is the brother of the deceased and Dharmendrabhai Patel - who is brother-in-law of the deceased, had also picked up quarrel with the deceased regarding construction of wall and instigated the petitioner to commit murder of the deceased.
( 3 ) THE petitioner has claimed that he had developed chest pain and uneasiness on the day of the incident and had taken treatment at Karnavati Hospital, Ahmedabad for some days from February 20, 2000. The petitioner has traced his medical history in great detail and claimed that he is suffering from acute coronary insufficiency. In support of the claim that he should be enlarged on regular or temporary bail for his heart ailment and other ailments the petitioner has produced certificates issued by Karnavati Hospitals Private Limited, Cardiovascular Division, Bridge Candy Hospital and Research Centre, Mumbai, U. N. Mehta Institute of Cardiology and Research Centre, Ahmedabad, Gujarat Research and Medical Institute (Rajasthan Hospital), Ahmedabad, etc.
( 4 ) THE petitioner claims that he has been advised to undergo P. T. C. A. (angioplasty) as early as possible to avoid further serious complications and he is ready to abide by all the conditions which may be imposed by this Court if he is released on bail. Thus the petitioner has filed this petition and prayed to grant reliefs mentioned above.
( 5 ) MR. M. M. Thakor, Police Sub Inspector, Sarkhej Police Station has opposed the prayer for bail by filing affidavit dated July 27, 2000 stating inter alia that looking to the high status of the petitioner and his ability to influence witnesses he should not be released even on temporary bail. The police officer has referred to investigating papers and mentioned in his affidavit that as the petitioner has tried to tamper with the weapon used in the commission of offence after the incident, the petition should be rejected. According to this Police Officer, the petitioner has tried to destroy the evidence appearing against him even at the starting of the investigation itself and in view of his high status and ability to destroy the evidence the petitioner should not be enlarged on bail.
( 6 ) THE original complainant, Smt. Arti, widow of deceased Arvindbhai Patel, has filed lengthy affidavit dated July 27, 2000 opposing the prayer made by the petitioner for bail. In her affidavit she has narrated in detail the enmity between the deceased and all the accused and stated that the petitioner is not suffering from any ailment as stated in the petition but to get release on bail the p
