(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) Rule.
Learned APP, Mr.Pandya, waives service of rule on behalf of respondent-State.
By way of this application, the applicant-convict has prayed that he be enlarged on temporary bail for his own sickness which also includes sickness of partial paralysis and kidney disease.
In this regard, certificate by the authorities of Civil Hospital, Ahmedabad dated 21st April, 2012 is also annexed with the application.
From the order dated 11th April, 2012 recorded in Criminal Misc. Application No.3429 of 2012, we find that the present applicant was already on temporary bail earlier and because of sickness, the temporary bail period was extended till he surrenders back on 15th April, 2012. It was the case of the applicant, as recorded in order dated 11th April, 2012, that he is unable to bear the expenses of private treatment for his sickness and under these circumstances, he had thought it fit to surrender to the jail authorities and it was ordered that the police authorities shall provide adequate treatment to the applicant. From the present application, we find that the treatment has already been provided to the applicant-convict.
Considering the totality of the facts, including the factor that applicant would not be able to afford the private treatment, discretion does not deserve to be exercised at this stage.
Hence, application is rejected. Rule discharged.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top