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SCR.A/1616/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1616 of 2010
=========================================
TANSEN
@ TINO OMPRAKASH RATHOD-THRO'RANJENDRASINH P JHALA - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
Ms JAYSHREE BHATT for MS
HANSA V PATEL for
Applicant(s) : 1,
Ms. MINI NAIR, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE SERVED for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 05/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-original accused
(prisoner) for grant of parole for a period of three weeks on the
medical ground challenging the impugned order passed by the Addl.
District Magistrate, Baroda dated 13.7.2010 refusing to grant parole
which is at Annexure-B.
Learned
advocate Ms. Bhatt has submitted that the applicant is having the
ailment for which he desires to take treatment from a doctor of his
choice and therefore subject to any condition including heavy bond
he may be released on parole.
Learned
APP Ms. Nair resisted the application and submitted that he has been
absconding and in the past even the bond has been forfeited. She
further submitted that the order under sec. 268 has also been passed.
After verification she has also submitted a report of the Medical
Officer, Jail Dispensary, Central Jail, Vadodara stating that he has
refused admission in the Civil Hospital, Ahmedabad for the same
treatment and therefore the present application may not be
entertained.
Having
heard learned advocate Ms. Bhatt and learned APP Ms. Nair and having
considered the papers, as it transpires from the communication from
the Medical Officer (Jail Dispensary), Central Jail, Vadodara,
stating that he is having the ailment for which a major surgery
(laprotomy) is suggested due to Hiatus Hernia with chronic gastritis,
if the applicant desires to have treatment from a doctor of his
choice, on humanitarian ground, the court is of the opinion that
interest of Justice would be served if he is released on parole for
15 days from the date of his release for getting the treatment from a
doctor of his choice .
Therefore,
the applicant is ordered to be released on parole for 15 days from
the date of his release subject to the condition of his executing a
personal bond of Rs. 50,000/- before the jail authority and a simple
surety of the like amount and he shall not abuse or misuse the
liberty granted to him during the period of his release.
The
application stands allowed partly. Rule is made absolute to the
aforesaid extent. D.S. Permitted.
(hn) (Rajesh
H. Shukla, J.)
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