Gujarat High Court
Husein Ghadiyally Mohammed Husein ... vs State Of Gujarat & on 16 December, 2013
Author: S.H.Vora
Bench: S.H.Vora
HUSEIN GHADIYALLY MOHAMMED HUSEIN GULAM AHMED SHAIKH....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/3764/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 3764 of 2013 ================================================================ HUSEIN GHADIYALLY MOHAMMED HUSEIN GULAM AHMED SHAIKH....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: MR DIPAK H SINDHI, ADVOCATE for the Applicant(s) No. 1 MR LB DABHI APP for the Respondent(s) No. 1 RULE NOT RECD BACK for the Respondent(s) No. 2 - 3 ================================================================ CORAM: HONOURABLE MR.JUSTICE S.H.VORA Date : 16/12/2013 ORAL ORDER
1. Vide present Special Criminal Application, the applicant convict challenges the order dated dated 21.11.2013 passed by the District Magistrate, Surat, whereby the convict s parole leave application for his own and his mother s treatment is rejected.
2. During the course of hearing, learned APP Mr. Dabhi has placed on record the certificate issued by the Physician Div. 1, District Jail, Surat dated 14.12.2013, which is ordered to be taken on record.
3. On perusal of the certificate, it appears that the applicant convict is treated for his very ailment and he has been provided sufficient treatment by various Departments and thus, sufficient treatment is available in Jail Hospital, Surat.
4. Under the circumstances, no case is made out to grant parole leave to the applicant either for his treatment or the treatment of his mother. No doubt the reasons assigned by the competent Authority are not proper, however, considering the certificate issued by the Jail Authority, no case is made to entertain this application. Hence, present application stands rejected. Rule is discharged.
(S.H.VORA, J.) YNVYAS Page 2 of 2