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SCR.A/1792/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1792 of 2008
=========================================================
SHAHISTAKHAN
@ SHAHIDKHAN AKBARKHAN PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MM TIRMIZI for
Petitioner(s) : 1,
MR. DIPAN DESAI, ASSISTANT PUBLIC PROSECUTOR
for
Respondents
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 11/09/2008
ORAL
ORDER
The
petitioner-convict has preferred this application, with a prayer to
release him on parole for a period of 4 weeks, in order to enable
him to take medical treatment regarding his illness due to some
Neurological problem.
I
have heard Mr. M.M.Tirmizi, learned counsel for the petitioner and
have perused the averments made in the petition. It is evident from
a perusal of the averments contained in para 2 of the petition, that
the petitioner was convicted by the learned Assistant Sessions
Judge, Ahmedabad, in Sessions Case No.273 of 1997 by judgment and
order dated 24.2.1999, and had preferred Criminal Appeal No. 230 of
1999 before the High Court, during the pendency of which Appeal, he
was released on bail on 23.11.1999. On the dismissal of the said
Appeal on 23.4.2008, the petitioner was given 2 months to surrender,
and has just recently surrendered on 30.6.2008, and is at present
lodged in Ahmedabad Central Jail. It is also averred that there is
nobody to look after the wife and minor daughter of the petitioner,
since he has lost his mother a few months back. However, the main
ground on which the petitioner has prayed to be released on parole
is, to enable him to take treatment for his Neurological problem.
The petitioner has produced a report of the CT scan of the brain
dated 2.8.2004, another report issued by Diagnostic Research
Institute, Ellis- Bridge, Ahmedabad dated 20.5.2002 and copies of
the case-papers of the Civil Hospital, Ahmedabad dated 11.8.2008.
The case-papers of the Civil Hospital make it clear that, after his
surrender, the jail authorities have been taking the petitioner to
the Civil Hospital for treatment for his medical problem.
It
appears that the petitioner has approached this Court, by way of the
present petition, without making an application to the competent
authority in this regard. It would be proper, if the petitioner
would first approach the competent authority, i.e. I.G. Prisons,
with an application for being released on parole, on the ground of
taking medical treatment. If such an application is made by the
petitioner, the same may be considered and decided expeditiously, by
the Inspector General of Prisons.
In
view of the above, Mr. M.M.Tirmizi, learned counsel for the
petitioner states that he would not like to press this petition.
The
petition is, therefore, disposed of as not pressed.
(Smt.
Abhilasha Kumari,J)
Jayanti*
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