Gujarat High Court
Mahendra @ Bhupat Manubhai Chavda vs State Of Gujarat on 13 January, 2023
R/SCR.A/13801/2022 ORDER DATED: 13/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 13801 of 2022
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MAHENDRA @ BHUPAT MANUBHAI CHAVDA
Versus
STATE OF GUJARAT
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Appearance:
MR ANIL H RATHOD(9691) for the Applicant(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 13/01/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule on behalf of the respondent-State.
2. This is an application filed by the applicant-convict seeking parole leave for a period of 20 days on the ground that wife of the applicant-convict suggested knee replacement surgery.
3. This Court by order dated 3.1.2023 had directed the learned Additional Public Prosecutor to verify the Medical Certificate placed on record by the applicant-convict.
4. Today, when the matter is taken up for hearing, Ms. Asmita Patel, learned APP has placed on record the report dated 12.1.2023 addressed by the Pradumannagar Police Inspector, Rajkot City along-with said report the statement of the son of the applicant-convict, namely, Mohitbhai Mahendrabhai@ Bhupatbhai Chavda recorded on 12.1.2023 has been placed on record. The Medical Certificate has also been collected. The Investigating Officer has confirmed the Medical Certificate being issued by the Page 1 of 2 Downloaded on : Fri Jan 13 21:06:27 IST 2023 R/SCR.A/13801/2022 ORDER DATED: 13/01/2023 concerned Hospital as well as the factum of the ailment of the wife of the applicant-convict.
5. Considering the jail remarks and the report placed on record, it appears that the wife of the applicant-convict is suffering from pain in both the legs and considering her complaint the Doctor has advised to undergo X-Ray examination and has called for radiography report and Doctor has further advised treatment for knee replacement. Initially the date of operation was suggested on 20th November, 2022 and 4 weeks rest was advised by the Doctor post operation.
6. As per the averments made in the present application and the report being placed on record the present application seeking parole leave is allowed. The applicant-convict is directed to be released on parole leave for a period of 21 days from the date of his actual release on usual terms and conditions. The applicant- convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the applicant-convict shall not abuse the liberty granted to him and shall maintain law and order.
7. Rule is made absolute accordingly. Registry to communicate this order to the concerned Jail authority by Fax / E-mail.
(NISHA M. THAKORE,J) Manoj Kumar Rai Page 2 of 2 Downloaded on : Fri Jan 13 21:06:27 IST 2023