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2022 DIGILAW 685 (GUJ)

JUBEDABEN IBRAHIMBHAI BELIM v. STATE OF GUJARAT

2022-05-11

NIRAL R.MEHTA

body2022
ORDER : 1. Rule. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent-State. 2. The present application for temporary bail filed by the applicant on the ground of her own medical condition. 3. It is the case of the applicant that she fell down in the jail and sustained fracture of femur bone left side, for which, the operation was also performed on 20.04.2022 and iron rod is inserted. Accordingly, the applicant requires complete bed rest and special diet. The applicant has approached the Sessions Court Rajkot, by way of application being Criminal Misc. Application No. 816 of 2022, which came to be rejected vide order dated 15.04.2022 by the Sessions Court, Rajkot. 4. Feeling aggrieved with the aforesaid, the applicant has approached this Court, by way of this application. 5. I have heard Ms. Gayatriba B. Jadeja, learned advocate for the applicant and Mr. Pranav Trivedi, learned Additional Public Prosecutor appearing for the respondent-State. 5.1 Ms. Jadeja, submitted that the applicant is an old lady suffering from serious health condition i.e. fracture of femur bond left side, which has been operated and iron rod is inserted. Ms. Jadeja, submitted that the applicant has been advised for complete bed rest and special diet. She further submitted that because of the old age and injury sustained, the applicant is not able to even perform her daily natural calls, and thereby, she may be released on temporary bail, so that proper rest can be taken and with the help of relatives, other ancillary aspects be taken care of. 6. By making above submissions, Ms. Jadeja, learned advocate for the applicant prays this Court to release the applicant on temporary bail on any suitable condition that may be imposed by this Court. 7. Per contra, Mr. Pranav Trivedi, learned Additional Public Prosecutor has vehemently opposed the present application contending that the treatment has also given to the applicant and thereby no further indulgence be extended. 7.1 Mr. Trivedi further submitted that the applicant being a lady is involved in a very serious offence, and thereby, at this stage, more particularly, when the treatment has already been given, she may not be released on temporary bail. 8. By making above submission, Mr. Trivedi, learned Additional Public Prosecutor prays this Court not to entertain the present application. 9. Trivedi further submitted that the applicant being a lady is involved in a very serious offence, and thereby, at this stage, more particularly, when the treatment has already been given, she may not be released on temporary bail. 8. By making above submission, Mr. Trivedi, learned Additional Public Prosecutor prays this Court not to entertain the present application. 9. I have heard learned advocates for the respective parties and have also perused the available material on record in detail. No other and further submissions have been canvassed by the learned advocates for the respective parties except what are stated hereinabove. 10. Having considered the submissions of the learned advocates for the respective parties, it appears that the applicant has already been recently operated and iron rod has also been inserted. Keeping in mind the post operation condition, in my considered opinion, end of justice would be met if the following directions are issued to the jail authorities instead of releasing the applicant on temporary bail: (i) The jail Superintendent shall personally ensure that applicant-lady be provided appropriate and adequate rest. (ii) The jail Superintendent shall also ensure that some assistance be also provided to her for carrying out her natural calls. (iii) The jail Superintendent shall also ensure daily medical checkup of the applicant-lady, keeping in mind her old age and be provided timely medicines to ensure her heath safety. 11. With this above directions, the present application is disposed of. Rule is discharged.