KISHORBHAI MOHANBHAI MACCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present applications are filed for seeking modification of an order dated 10.6.2020 in peculiar background of facts and circumstances.

(2.) The applicant was in jail in connection with several offences since 13.3.2020. The applicant is a heart patient and prior to two years, he was implanted with a stand in the heart and on account of which, a persistent chest pain was being continued. As a result of that, the applicant had preferred originally an application for grant of temporary bail for a period of 12 weeks to undergo the heart surgery. Said application was considered by the Court but, it was found that since the jail authorities are providing the medical treatment and taking care of the health of the applicant, on 10.6.2020, this Court was pleased to dispose of the application with broad consensus by issuing suitable directions. The operative part of the said order is reproduced hereinafter :

(3.) After this order having been passed, the wife of the applicant has submitted the present applications for seeking modification and has conveyed that the applicant could not get proper treatment of heart ailment and expressed a desire that the applicant may be permitted to take the medical treatment through private hospital at their cost and for which, the applicant is ready and willing to abide by any of the conditions including the police japta at the cost of the applicant. The application for modification is further submitted by making assertions in Para.5 to 9 which are reproduced hereinafter :