MEHUL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the mother of the applicant- convict praying for fresh parole leave for a period of 30 days on the ground that the applicant-convict has suffered heart-attack on 11/6/2023 and he was hospitalised in emergency ward in U. N. Mehta Institute of Cardiology and Research Centre, Ahmedabad. This Court by order dtd. 16/6/2033, after examining the medical case papers placed on record by the applicant-convict requested learned APP to submit verification report.

(2.) Mr. Hardik Mehta, learned APP has appeared on behalf of respondent-State and had placed on record verification report submitted by Isanpur Police Station. Along with said verification report, the certificate issued by Dr. Dinesh D. Joshi associated with U. N. Mehta Institute of Cardiology and Research Centre has been placed on record wherein it is confirmed that the applicant-convict was admitted with diagnosis of Anterior Wall Myocardial Infarction, severe left ventricular dysfunction. In fact, the applicant-convict had undergone urgent angioplasty on 11/6/2023. Noticing the stable condition, as per the medical advice, the applicant-convict was discharged on 16/6/2023. Mr. Hardik Mehta, learned APP has also placed on record the jail remarks. The applicant-convict was, in fact, on furlough leave for a period of 15 days pursuant to the order of jail authorities and he had to surrender on 13/6/2023. However, He had not surrendered. Considering the ailment, Mr. Hardik Mehta, learned APP has requested the Court to pass an appropriate order.

(3.) Having heard the learned advocates appearing for the respective parties and having perused the original medical case papers provided by Ms. Akshitaba Solanki, learned advocate appearing through Legal Services Authority for the applicant-convict. The Court finds that the applicant-convict who is aged around 23 years has suffered heart-attack and has undergone urgent angioplasty. The Court notices that under the medical advice, the applicant-convict has now been discharged and has reported to be in stable condition. As per the jail remarks, the applicant-convict was expected to surrender before the jail authority on 13/6/2023. However, because of the medical conditions, the applicant-convict could not surrender in time.