ASAD ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed by the petitioner Asad Ali through his wife Ishrat Asad for his release on emergent parole for 30 days on the ground of treatment of the petitioner in Narayana Multispeciality Hospital, Jaipur.

(2.) Learned counsel for the petitioner submitted that FIR No. 16/1998 was lodged at Police Station Kotwali, Kota for offence under Section 307/34 IPC and after investigation, challan was filed under Section 302/34 IPC and Section 4/25 Arms Act. A criminal case was registered against the petitioner. However, the petitioner vide judgment dated 29.03.1990 passed by the Court of Additional Sessions Judge No. 1, Kota was acquitted of the charge under Sections 302/34 IPC and Section 4/25 Arms Act. The State of Rajasthan filed D.B. Criminal Leave to Appeal No. 13/1991 which was converted into Criminal Appeal No. 114/1991 wherein aforesaid judgment was quashed and set aside and the petitioner was convicted for offence under Section 304 Part I, IPC and sentenced to undergo rigorous imprisonment of seven years with fine of Rs. 25,000/-, in default of payment of fine, he was to further undergo simple imprisonment of six months. The petitioner filed SLP before the Supreme Court which upheld the conviction and sentence of the petitioner. Learned counsel further submitted that the petitioner is in Central Jail, Kota and he was referred to SMS Hospital, Jaipur on account of his heart illness. The doctor has suggested him open heart surgery. The petitioner was admitted in SMS Hospital, Jaipur. An application for parole was moved before the jail authorities and the petitioner was granted 20 days parole vide order dated 09.09.2019. However, the petitioner was admitted to the hospital on the last day of the parole and the police took him back to Central Jail, Kota. Thereafter, the petitioner got infected and the jail doctor referred him to SMS Hospital, Jaipur. It is submitted that on account of serious condition of the petitioner, he was admitted in Narayana Multispeciality Hospital, Jaipur. Copy of the treatment slips have been placed on record of the petition. Thereafter, the petitioner filed an application seeking emergent parole to the District Collector and District Magistrate, Kota which has been dismissed vide order dated 11.10.2019. Hence, this petition has been filed by the petitioner through his wife seeking grant of emergent parole of 30 days for his treatment.

(3.) Learned Additional Government Advocate has placed on record communication dated 23.10.2019 received from S.H.O., Police Station Pratap Nagar, Jaipur East along with papers of the treatment of the petitioner, according to which, the petitioner was diagnosed as a case of Coronary Artery Disease, Triple Vessel Disease and admitted for CABG. The petitioner underwent CABG on 28.09.2019 and discharged on 05.10.2019. However, he was readmitted on 12.10.2019 and presently he is admitted in ICU of Narayana Multispeciality Hospital.