SALIMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Dipak H. Sindhi learned advocate on record for the applicant-original convict. This application is filed seeking parole leave for a period of 30 days on the ground of financial arrangement and to take care of the medical treatment of his wife, namely, Sayraben who is admitted in Nivaan Orthopaedic Hospital since 23/5/2023. Learned advocate has relied upon the certificate dtd. 8/6/2023 issued by Dr. Priyank M. Banker and has submitted that the wife of the applicant has suffered Close Fracture Femur Neck on the left side because of fall which requires immediate surgery. He further submitted that considering the request of the patient, the Doctor has fixed surgery on 19/6/2023. In such circumstances, the applicant has directly approached this Court seeking parole leave.

(2.) This application is vehemently objected by learned APP Mr. Hardik Mehta appearing for respondent-State. He has placed on records the jail remarks of the applicant- convict and has submitted that in past the applicant- convict had remained absconded on various occasions and was arrested by the police. The attention of this Court was invited to the fact that the application seeking parole leave on the ground of treatment of wife has been preferred before the learned District Magistrate Vadodara on 28/3/2023. As per the jail remarks, it transpires that such application is pending consideration.

(3.) Considering the submissions made by the learned APP and having examined the record, this Court notices that the wife of the applicant-convict was admitted in the hospital since 23/5/2023 and considering the request of the patient, Dr. Priyank M. Banker has fixed the date of surgery on 19/6/2023. However, the Court also cannot ignore the conduct of the convict.