Gujarat High Court
Hasan Karimbhai Luhar vs State Of Gujarat & 2 on 28 April, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/SCR.A/3036/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3036 of 2017
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HASAN KARIMBHAI LUHAR....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS MOXA THAKKAR APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 28/04/2017
ORAL ORDER
1. Rule. Learned A.P.P. Ms.Moxa Thakkar waives service of Rule for the respondent - State.
2. By way of the present petition, through jail, the petitioner
- convict seeks parole leave for 45 days for his own treatment at his cost.
3. Considering the certificate dated 09.04.2017, it appears that the convict was advised for HBV DNA quantitative test for viral markers at gastro surgery department, Civil Hospital. But, due to non-availability of such test in the Civil Hospital, necessary certificate was issued by Dr.Bhumika Patel on 08.11.2016. Thereafter, the convict was granted parole leave in the month of January, 2017. There is nothing on record to indicate whether such test was done at the private hospital or not and, therefore, present petition is rejected. Rule is discharged.
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R/SCR.A/3036/2017 ORDER
4. However, the convict is at liberty to move fresh parole leave application before the competent authority after furnishing evidence of above test before the competent authority. As and when such evidence is placed by the convict before the competent authority, the competent authority shall consider the same and decide parole leave application of the convict by passing appropriate order in accordance with law.
(S.H.VORA, J.) Hitesh Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Aug 16 09:06:20 IST 2017