RAMJIBHAI RAGHUBHAI JOGASVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant-convict has filed this application seeking temporary bail for 30 days on the ground of undergoing necessary medical treatment for his own ailment (Hole in eardrum).

(2.) Heard the learned advocates for both the sides through Video Conferencing and perused the material on record.

(3.) In the case of Amrutbhai Bholidas Patel v. State of Gujarat reported in 2001 (1) GLH 328, this Court has observed that where the petitioner is an under-trial prisoner and his liberty and privilege has been 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 the City and more particularly, when the treatment which he requires is available in the City itself.