Oral Order

Learned advocate Mr.Jigar Patel submits that he has received instructions to appear for the original complainant. He is permitted to file vakalatnama in the Registry. Registry to accept the same.

1. This application is filed by the applicant seeking temporary bail.

2. Heard the learned advocates for the respective parties and perused the papers available on record.

3. Considering the jail remarks, it appears that the applicant was released recently from 17.07.2026 to 18.07.2026 and the present application is filed to enable the applicant to take treatment at the private hospital. Learned APP has produced a certificate issued by Medical Officer, Patan Sub- Jail, dated 22.09.2026, the said certificate states that the treatment of the illness of the applicant can be taken care of by Gujarat Cancer and Research Institute, in view of the fact that it is an institute for cancer diagnosis and treatment, the said certificate is taken on record.

6. Considering the gravity of the offences and the fact that the accused is receiving proper medical treatment, and no shortfall is being found in the medical treatment offered by the Jail Authority. The accused has a right to get treatment under Article 21 of the Constitution, but such treatment cannot be claimed at a facility of his own choice as a matter of course. This Court, in the case of Amrutbhai Bholidasbhai Patel Vs. State of Gujarat, reported in 2001(1) GLH 328 held, that when an under trial prisoner is charged for serious offence, temporary bail for getting private treatment is not considered as of right. Para 25 thereof reads as under:-

          "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."

6. In view of the fact that adequate medical treatment is already being provided to the applicant at the said institute, this Court is not inclined to exercise discretion in favour of the applicant.

7. However, the Jail Authority is directed to ensure that proper and continued medical treatment is provided to the accused at Gujarat Cancer and Research Institute, as and when required.

8. In view of the above, no case is made out. The application is rejected accordingly.