Petitioner sought parole extension for medical treatment but was dismissed as he refused treatment inside jail despite medical referral. Court ordered surrender and jail examination.
Parole application dismissed; petitioner ordered to surrender immediately for medical examination by jail authorities.
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R/SCR.A/1914/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1914 of 2018
========================================================== GAUTAMKUMAR @ SUDHIRKUMAR MANINILAL RAMANUJ Versus STATE OF GUJARAT
========================================================== Appearance:
PIYUSHKUMAR K BASERI(7933) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 2,3 MS HB PUNANI, APP (2) for the RESPONDENT(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 13/03/2018
ORAL ORDER
Rule. Learned APP waives service of notice of rule on behalf of respondent – State.
Heard learned advocate Mr. P. K Baseri for the petitioner and learned APP Ms. H. B. Punani for respondent – State. Perused the record. Petitioner has been released on parole by the competent authority on 23.02.2018, initially for 10 days and by an order dated 06.03.2018, the competent authority has extended the parole for 7 days. Pursuant to such order of parole for continuous 17 days, now petitioner has to surrender on today. The jail remarks shows that though petitioner has undergone confinement for 364 (A), 346, 343, 342, 341 and 120B of the Indian Penal Code and during his conviction he has remained absconded for 1411 days. Thereafter though he was regularly released on furlough, as many as 30 applications for parole have been rejected and also released on parole for 22 times wherein three times in the year 2017 and 7 times in the year 2016 on different occasions for different reasons.
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R/SCR.A/1914/2018 ORDER
He was released in the month of December 2017 to January 2018 and again from February 2018 till date. Learned advocate for the petitioner has submitted that when he was on parole, he has paid fees of his children and now he wants 30 days parole for his own treatment. In support of such request petitioner has produced certificate of Medical Officer of Central Jail dispensary. Though such certificate confirms that petitioner is having swelling, it also confirms that petitioner has refused to have treatment in jail. Certificate also confirms that petitioner has been referred to the Orthopedic Department. Therefore, at present I do not see any reason to release the petitioner on parole or to extend the parole as prayed for by him. Therefore, petitioner has to surrender on today itself. The jail authority shall get the petitioner examined by the Medical Officer of the jail and shall extend all necessary treatment to him. However, there is no substance in present petition and the same is dismissed. Rule is discharged.
(S.G. SHAH, J)
DRASHTI K. SHUKLA
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1 issue framed by the court
Whether the petitioner qualifies for parole extension given medical certificate and refusal of treatment while on parole.
GAUTAMKUMAR @ SUDHIRKUMAR MANINILAL RAMANUJ
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
