Anil Gujral v. State
Case brief
What is this about?
In a writ petition seeking parole for social and medical reasons, the Court granted parole to the petitioner who had suffered a fracture of the hip bone at age 65 to receive treatment at a private hospital.
What did the court decide?
Parole granted for a period of 4 weeks subject to furnishing a personal bond of Rs. 50,000 with one surety of the like amount.
What the court decided
Signature Not Verified Digitally Signed By:AM UL YA
with SI Sushi Sanwaria, PS Defence Colony
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
%
07.09.2018
- By these writ petitions, the petitioner had sought parole to maintain social ties in which notice was issued returnable for 14'*^ September, 2018. However on 5'^ September, 2018 three applications were filed by the petitioner stating that petitioner had fallen down in Tihar Jail premises and thus suffered fracture of the hip bone and he be granted furlough so that he can get his treatment done at a private hospital.
- On a notice being issued, a status report and medical health report of the petitioner from the Superintendent Jail has been handed over which are taken on record. As per the status report, petitioner's son was found residing at the address mentioned in the status report along with his wife, daughter and father-in-law. Further as per the medical report received from the Central Jail, Tihar the petitioner fell down on 28'*^ August, 2018 and sustained injury over right hip joint. He was taken to Deen Dayal Upadhyay Hospital in emergency and after being diagnosed fracture of the neck of the femur bone right side he was sent back to Central Jail with the advice to use boot and bar of 3 kgs weight and other conservative treatment.
Issues for consideration
2 issues framed by the court
Whether the petitioner suffering a fracture of the hip bone is entitled to parole on medical grounds.
Whether parole can be granted as an exigency of the situation for a prisoner aged 65 years.
Parties & counsel
- petitioner
Petitioner
Coram
MUKTA GUPTA
Case details
As recorded by the court registry
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