Bipinbhai @ Bipin Autowala S/o Umedrai Panchal Thr. His Son Samir U. Panchal v. State of Gujarat
2016-10-10
BIREN VAISHNAV, HARSHA DEVANI
body2016
DigiLaw.ai
ORDER : Harsha Devani, J. Mr. Himanshu Patel, learned Additional Public Prosecutor has placed on record a certificate dated 10.10.2016 by Dr. A.C Varma, Medical Officer, Ahmedabad Central Jail wherein it has interalia been stated thus: “… The patient earlier MRI reports of Lumbosacral spine at civil Hospital Ahmedabad on dt 27/01/2012, 21/03/2014 suggested sacralization of L5 vertebra, diffuse disc bulge with left paracentral disc protrusion with facetal joint hypertrophy and ligamentum flavum thickening at L4-5 level causing spinal canal narrowing and narrowing of bilateral neural foramina & compression of exiting nerve roots. His recent MRI which was done at Civil Hospital on 24/06/2016 which shows degenerative changes in lumber spine with disc osteophytes complex causing indentation over anterior thecal sac at C5-6 and C6-7. Disc level with Haemangioma/Lipoma at C6 and D12 level. He was advised surgery from civil Hospital to correct his ailment. He consulted Dr. Divyang patel at GIOSTAR SAVIOR HOSPITAL Navrangpura while he was on parole. His MR mylopathy revealed extradural block at L4-5 disc level and D10-11 and D11-12 disc level. He was to be operated at the hospital but his BLOOD examination showed increased THYROID function. So his operation was postponed for few days. His surgery had been planned to be done on 30/08/2016.” 2. On a plain reading of the certificate as reproduced hereinabove, it was not clear as to when the applicant-convict was required to undergo surgery and the postponement of surgery on account of increased Thyroid function. It is further stated in the certificate that his surgery was planned to be done on 30.08.2016 A perusal of the medical case papers annexed alongwith the application reveals that Dr. Divyang Patel of Giostar Saviour Hospital Ahmedabad has issued a certificate to the effect that the applicant's surgery has been planned on 30.08.2016 Evidently therefore, the reference to the surgery planned to be done on 30.08.2016 relates to the surgery to be performed by Saviour Hospital. Since it was not clear as to when was the previous surgery scheduled which was required to be postponed, the court had inquired to the learned Additional Public Prosecutor to explain the same. It appears that Dr. A.C. Varma, Medical Officer, Ahmedabad Central Jail is present before the court.
Since it was not clear as to when was the previous surgery scheduled which was required to be postponed, the court had inquired to the learned Additional Public Prosecutor to explain the same. It appears that Dr. A.C. Varma, Medical Officer, Ahmedabad Central Jail is present before the court. Upon calling upon him to explain the statements made in the certificate, he is not able to point out as to when the applicant was required to be earlier operated and that such operation was postponed for a few days on account of increased Thyroid function. It appears that the entire certificate has been issued on the basis of the documents submitted by the applicant - convict without the concerned Medical Officer applying his mind or investigating in this regard on his own. Evidently therefore, the entire certificate has been given in a manner so as to help the applicant herein obtain temporary bail for the purpose stated in the application. 3. Despite the fact that this court had clearly called upon the Medical Officer to state as to whether or not the treatment which the applicant is required to undergo could be provided by the Civil Hospital Ahmedabad, the certificate is totally silent in this regard and only reference to the surgery that was planned to be done on 30.08.2016 by Giostar Saviour Hospital is made. The certificate issued by the Medical Officer referred to hereinabove, therefore, does not inspire any confidence and no reliance can be placed upon such certificate which has been issued solely on the basis of the certificates and medical case papers produced by the applicant before the concerned Medical Officer. 4. In the above circumstances, the Superintendent, Ahmedabad Central Jail is directed to ensure that the applicant is examined by a Senior Medical Officer in the Orthopedic Department of the Ahmedabad Civil Hospital and his opinion is obtained as regards whether or not the treatment which the applicant desires to avail of can be provided to him through the Civil Hospital Ahmedabad. Such exercise shall be conducted on or before 14.10.2016 and the opinion of the concerned Medical Officer shall be placed before this court on 17.10.2016 5. Stand over to 17.10.2016 Registry to forthwith furnish a copy of this order to Mr. Himanshu Patel, learned Additional Public Prosecutor for further action in this regard.