1. Heard learned advocates for the parties.
2. In Criminal Miscellaneous Application No.13052 of 2012, on 7.9.2012, the following order was passed:
The applicant has preferred this successive bail application under Section 439 of the Code of Criminal Procedure, 1973 on the ground that the applicant is advised proper medical treatment for the ailment of metastasis cygnet ring carcinoma peritoneum and met static peritoneal carcinoma, as recorded in the order dated 05.09.2012. Order dated 05.09.2012 reads as under:
Rule. Service is waived.
Mr. N.D.
Nanavaty, learned Senior Counsel for the applicant submits that the applicant is advised proper medical treatment for the ailment of metastasis cygnet ring carcinoma peritoneum and met static peritoneal carcinoma and, though the trial court directed medical treatment to be given at the hospital, namely, Mahavir Hospital and Lions Cancer Detection Center Trust, the applicant would like to undergo treatment at the hospital of his choice in view of peculiar nature of ailment and, besides, as per the earlier order dated 9.3.2012, where the application for bail came to be withdrawn, liberty was granted to the applicant to approach the Court for bail if the trial is not over by September 2012.
S.O. to 7.9.2012 .
2. Earlier the applicant has filed Criminal Misc. Application No.9037 of 2011and vide order dated 13.07.2011 the said application was permitted to be withdrawn and liberty was reserved to the applicant to approach the Court for bail, if the trial is not over by 31.12.2011. Admittedly, till date, the trial has not even commenced.
3. Thereafter, when the applicant moved the District Court seeking bail on the ground of treatment for terminal ailment viz. metastasis cygnet ring carcinoma peritoneum and met static peritoneal carcinoma, the trial court opined that the treatment can be given at the local hospital having the facility to treat such ailment.
4. Mr.
Yagnik, learned advocate appearing for Mr. Yash Nanavaty for the applicant, submits that the subject ailment, according to expert, is at the fourth stage and hospital at Surat has no advanced medical treatment for the above ailment. In the circumstances, the applicant would like to avail the best available treatment for the above disease. The fact about ailment of the applicant is supported by certificate dated 29.08.2012 issued by Forensic & Medico-Legal Consultant, Dr. Vinesh Shah of Bharat Cancer Hospital & Research Institute. In view of the above, it is submitted that the applicant may be enlarged on bail by imposing suitable conditions.
5. Ms.
Moxa Thakkar, learned APP for the respondent-State of Gujarat, upon information from the Investigating Officer, does not dispute the above facts.
6. Having heard learned advocates for the parties and on perusal of the record of the case, including the certificate dated 29.08.2012 issued by Forensic & Medico-Legal Consultant, Dr. Vinesh Shah of Bharat Cancer Hospital & Research Institute and considering the stage of ailment viz. metastasis cygnet ring carcinoma peritoneum and met static peritoneal carcinoma, the applicant, who is facing alleged offences under Sections 143, 147, 148, 149, 302, 188 and 120[B] of the IPC pursuant to FIR being CR No.I-226/2010 registered with Athwa Line Police Station, District Surat, is hereby ordered to be released on temporary bail for a period of 3 [three] months on usual terms and conditions except the condition to mark his presence before the concerned Police Station, to the satisfaction of the jail authority. The applicant shall furnish details of whereabouts and treatment to be taken to the Investigating Officer and the trial court.
Post the matter on 3rd December, 2012.
Direct service is permitted today itself
3. Today, learned advocate for the applicant has produced medical certificate of the competent authority of Onco Physician, Bharat Cancer Hospital & Research Institute that the ailment of accused, who is suffering from Carcinoma stomach in advanced stage with poor prognosis (less chances of recovery) and that he is on oral chemotherapy and treatment is only supportive. In the above circumstances, the order releasing the applicant for temporary bail to continue for a period of three months on the same terms and conditions.
S.O. to 4th March 2013.
Direct Service is permitted.
[ANANT S. DAVE, J.] chandresh Page 3 of 3