Gujarat High Court
Bilal Ismail Abdul Majid Sujela @ Bilal ... vs The State Of Gujarat on 2 February, 2021
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/SCR.A/1097/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1097 of 2021
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BILAL ISMAIL ABDUL MAJID SUJELA @ BILAL HAJI THROUGH
HIS SON ASHRAF BILAL SUJELA
Versus
THE STATE OF GUJARAT & 2 other(s)
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Appearance:
MR DIPAK H SINDHI(5710) for the Applicant(s) No. 1
MS MAITHILI MEHTA, ADDITONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/02/2021
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor Ms.Maithili Mehta waives service of notice of Rule on behalf of the respondentÂState.
2. By way of this application, the applicant prays for being release him on parole leave.
3. Learned APP has provided the jail remarks which shows that the applicant has been convicted for the offences punishable under Section 302 of the Indian Penal Code and amongst other offences. Jail remarks also shows that the applicant is in the jail since 17 years 5 months and 20 days. Learned APP has also provided a copy of the report from the Vadodara Central Jail which shows that the applicant was being taken care of Page 1 of 3 Downloaded on : Wed Jan 12 06:11:43 IST 2022 R/SCR.A/1097/2021 ORDER by the jail authorities and as a matter of fact that he was to be taken today to the SSG Hospital, Vadodara for Cataract operation but ultimately the date of the operation is now fixed on 9th February, 2021.
4. Learned advocate Mr. Dipak Sindhi appearing on behalf of the applicant submits that while undoubtedly the jail authorities are taking care of the present applicant but the present applicant has also other ailments and complications as he is suffering from Chronic Obstructive Pulmonary Decease (COPD) and his lung functioning at around 33% capacity only and therefore the applicant wants to have the cataract surgery done at some private hospital where his relatives would be able to take due care of the applicant.
5. Learned APP submits that since the jail authority have taken all necessary care and precautions and have taken him for regular check up and therefore, this application may not be entertained.
6. I have gone through the jail remarks as well as the report produced by learned APP considering the fact that the present applicant is in custody since 17 years and 6 months approximately and considering the fact that even on earlier occasion the present applicant had been released on parole leave for the treatment Page 2 of 3 Downloaded on : Wed Jan 12 06:11:43 IST 2022 R/SCR.A/1097/2021 ORDER of his lungs and therefore I am inclined to release the present applicant on parole leave for a period of ten days from the date of his actual release.
7. Accordingly, the present applicant is hereby directed to be released on parole leave for a period of ten days from the date of his actual release on the usual terms and conditions. Rule is made absolute.
8. The notification issued under Section 268 of the Criminal Procedure Code in the present case is put in abeyance qua the present applicant during the time period on which the applicant would be on parole leave.
Direct service is permitted.
(NIKHIL S. KARIEL,J) Pallavi Page 3 of 3 Downloaded on : Wed Jan 12 06:11:43 IST 2022