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SCR.A/2239/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2239 of 2008
=========================================================
MAHENDRAKUMAR
CHIMANLAL - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,
MR LB DABHI, ADDL PUBLIC PROSECUTOR for
Respondents
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 20/03/2009
ORAL
ORDER
This
application has been filed by the petitioner-convict through Jail for
grant of parole for 90 days on the ground that he is required to take
treatment for his medical problems, i.e. Hypothyroidism (swelling at
the upper neck), through a private practitioner and also that he
would like to file an appeal in the Supreme Court, against the
dismissal of his appeal by the High Court.
Mr.L.B.Dabhi,
learned Additional Public Prosecutor, has submitted that the appeal
filed by the petitioner has been dismissed on 15.04.2008 and
thereafter, the petitioner-convict has been released on parole for 15
days with effect from 27.10.2008 to 10.11.2008 and twice on furlough
with effect from 03.05.2008 to 16.05.2008 and 05.03.2009 to
18.03.2009 respectively. It is further submitted that had the
applicant been desirous of preferring appeal in the Supreme Court, he
could have availed of the above opportunities when he was released on
parole and furlough. As far as the medical problems of the petitioner
are concerned, it is submitted that he is already being treated at
the Civil Hospital for his illnesses.
The
application for parole preferred by the petitioner-convict has been
rejected by order dated 29.06.2008 by the Inspector General of
Police, Prisons, on the ground that the petitioner-convict is being
provided with the necessary medical treatment in the Civil Hospital,
Ahmedabad, and, therefore, there is no reason to release him on
parole. Having perused the contents of the application and the papers
on record, including the jail remark sheet dated 20.03.2009, it
appears that as far as the filing of the appeal before the Supreme
Court is concerned, the petitioner has been released on parole and
furlough respectively thrice, after the dismissal of the appeal on
15.04.2008, and could have availed of those opportunities for filing
an appeal. As regards his treatment for his illness of
Hypothyroidism, the same is being provided by the jail authorities
and the petitioner is being treated at the Civil Hospital, Ahmedabad.
In view of the above, no interference is called for. The application
is rejected.
(Smt.Abhilasha Kumari, J.)
(sunil)
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