KIRITBHAI GORDHANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the petitioner - accused has prayed for anticipatory bail in connection with the FIR being C.R.No.I-53 of 2018 registered with Varnama Police Station, District Vadodara for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 474 and 201 of the Indian Penal Code, mainly on the ground that the petitioner has contracted a terminal disease.

(2.) Heard Mr. Zubin F. Bharda, learned advocate for the petitioner and Ms. Maithili Mehta, learned Additional Public Prosecutor for the respondent - State through video conference.

(3.) Learned advocate for the petitioner, at the outset, submitted that the petitioner is aged 60 years and has developed a tumor and upon the biopsy of right aryepiglottic fold (larynx) being carried out have been found to be malignant. The petitioner is therefore, advised chemotherapy. It is submitted that the certificate issued by the Doctor dated 13.1.2021 records that the petitioner is under the treatment of Carcinoma Larynx since 28.9.2020 and is currently on concurrent chemoradiation and which is to continue for approximate six weeks duration. It is further submitted that the petitioner has not only suffered cancer but it has progressed to stage IV which has spread in his body to a considerable extent. Owing to the aforesaid treatment, the health and the physical condition of the petitioner has become very weak and will be unable to undergo the rigors of the custodial interrogation. It is further submitted that the petitioner has no criminal antecedents.