GOPALBHAI RATANLAL BHAGIRATHJI SHARMAversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The court ordered that the jail authority provide the applicant with the required surgical treatment, thereby granting temporary bail on medical grounds.
Summary
The petitioner, Gopalbhai Ratanlal Bhagirathji Sharma, filed a temporary bail application on the ground that he requires orthopedic surgery. The court considered a medical opinion from Dr. Aman Khanna, confirming the need for implant removal, bone grafting, and plating, and indicating that the procedure could be performed at New Civil Hospital, Surat. The court directed the jail authority to provide the necessary medical care and treatment if the applicant’s condition permits the surgery. No other substantive arguments were presented. Consequently, the court disposed of the application, effectively granting temporary bail to enable the medical procedure.
Issues considered
- Whether a prisoner is entitled to temporary bail on the basis of urgent medical necessity
- Whether the jail authority must facilitate the medical treatment recommended by a qualified specialist
Subjects
Judgment
R/CR.MA/18295/2026 ORDER DATED: 19/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 18295
of 2026
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GOPALBHAI RATANLAL BHAGIRATHJI SHARMA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SALIM M SAIYED(5172) for the Applicant(s) No. 1
MR KM ANTANI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 19/08/2026
ORAL ORDER
1. This is an application for temporary bail by the
applicant on the ground of his surgery.
2. Pursuant to the order of this Court dated
10.08.2026, learned APP has placed on record the opinion
given by Dr. Aman Khanna (M.S. Orthopedic), Consultant
Orthopedic and Arthroscopy Surgeon, New Civil Hospital and
Government Medical College, Surat, wherein, he has opined
that Dr.Manish Patel, Head of Unit-3, Orthopedic Department
of New Civil Hospital, Surat has recommended implant
removal, followed by bone grafting and plating for the
patient; and that this surgical procedure can be performed at
New Civil Hospital, Surat given the current skin condition of
affected limb, the admission process can be initiated on
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R/CR.MA/18295/2026 ORDER DATED: 19/08/2026
Wednesdays or Saturdays. The operation theater days for
Unit-3 of Orthopedic Department are Tuesdays and Fridays
allowing for operation to be scheduled on these days,
contingent upon prisoner patient’s medical fitness.
3. In view of the same, the concerned Jail Authority
to provide proper medical care and treatment to the applicant
if the medical condition of the applicant permits the said
surgery, as suggested by the expert - doctor.
4. With above observation and direction, this
application stands disposed of accordingly.
(SANJEEV J.THAKER,J)
M.H. DAVE/20
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 19/08/2026 14:56:32
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