CR.MA/11309/2008 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 11309 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= VIJAY PRATAPRAI THAKKAR - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : THROUGH JAIL for Applicant(s) : 1, PMR M.R. MENGDEY ADDL.PUBLIC PROSECUTOR for Respondents ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 30/09/2008 ORAL JUDGMENT 1. Present application is field through jail by the under- trial prisoner Vijay Prataprai Thakkar for enlarging him on temporary bail for his medical treatment more CR.MA/11309/2008 2/6 JUDGMENT particularly bye-pass surgery. In the alternate it is prayed by the petitioner to direct the jail authority to sanction Rs.3,71,668=00 towards cost of his angioplasty. 2. It appears from the relevant record that the petitioner was referred to U.N. Mehta Institute of Cardiology and Research Center, Ahmedabad for his heart ailment and was advised for PTCA and Senting to radial and D1 Craft and other operations and the probable cost was estimated at Rs.3,71,668. It also appears that the jail authority sent proposal to the Government of Gujarat through Jail Superintendent for sanction of the aforesaid amount, which was required for the operation of the petitioner and the same was awaited and simultaneously the petitioner preferred the present petition. 3. On 4/9/2008, this Court directed the learned Additional Public Prosecutor to get instructions from the concerned authority to sanction the aforesaid amount and the matter was adjourned to 17/9/2008. On 17/9/2008 it was reported that the Government has sanctioned Rs.3,71,668=00 towards cost of CR.MA/11309/2008 3/6 JUDGMENT operation of the petitioner to be operated at U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad. On every date of adjournment, the the jail authority was directed to see that the petitioner remains present before this Court and accordingly on all occasions, the petitioner remained present before this Court. On 17/9/2008 when it was reported that the State Government has sanctioned Rs.3,71,668=00 for treatment and operation of the petitioner at U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad, however, the petitioner insisted that he should be operated at VS hospital, Ahmedabad and not at U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad. Therefore, on 17/9/2008, this Court further directed the Additional Public Prosecutor to get appropriate instructions from the concerned department that whether the petitioner can be treated at V.S. Hospital, Ahmedabad as desired by the petitioner or not. 4. Today when the matter is called out, Mr.M.R. CR.MA/11309/2008 4/6 JUDGMENT Mengdey, learned Additional Public Prosecutor has submitted that as per the policy of the State Government, the amount can be sanctioned only for the medical treatment at Civil Hospital, and not for the treatment at any other hospital. It is submitted that U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad is the best Cardiology Hospital and as such there is no reason for the petitioner not to be operated at U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad. This Court also informed the petitioner that the petitioner should not insist to be operated at VS Hospital, Ahmedabad and there is no reason for not to be operated at U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad. However, for the reasons best known to the petitioner, he has insisted to be operated at VS Hospital, Ahmedabad. 5. It is to be noted that due to the intervention of the Court the State Government immediately agreed to sanction the amount of Rs.3,71,668=00 to be operated at Civil Hospital and this Court failed to CR.MA/11309/2008 5/6 JUDGMENT appreciate the insistence of the petitioner to be operated only at VS Hospital, Ahmedabad. Earlier, the petitioner prayed for aforesaid amount for treatment at Civil Hospital which is now sanctioned. U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad is one of the best hospital and the petitioner can not insist that he should be operated only at VS Hospital. As per the policy of the Government, the amount can be sanctioned only for the medical treatment at Civil Hospital only and accordingly the State Government has sanctioned an amount of Rs.3,71,668=00 for the operation of the petitioner to be operated at U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad. There is no reason to deviate from the same. Under the circumstances as now an amount of Rs.3,71,668=00 for the operation of the petitioner to be operated at U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad, is sanctioned by the State Government by order dtd.16/9/2008, if the petitioner is so advised and is ready to be operated at U.N. Mehta Institute of CR.MA/11309/2008 6/6 JUDGMENT Cardiology and Research Center at Civil Hospital, Ahmedabad, the jail authority is directed to see that the operation is performed upon the petitioner at U.N. Mehta Institute of Cardiology and Research Center at Civil Hospital, Ahmedabad at the earliest. 6. With the aforesaid observations and directions, present petition is disposed of. Registry to communicate this order to the jail authority immediately with a copy to the petitioner. [M.R. SHAH, J.] rafik