1. The present petition is filed by the son of the convict seeking parole leave for two months for medical treatment of the convict himself.
2. Learned Advocate Shailesh Raval for the petitioner invited attention of the Court to page No.29 - a certificate issued by Medical Officer, Central Jail Dispensary, Ahmedabad. Learned Advocate for the petitioner emphasized following contents of the said certificate:-
"At present, he is having weakness (Paralytic) in upper & lower limbs and facial therefore he needs attendant to do his routines. He heeds regular physiotherapy too."
2.1 Learned Advocate for the petitioner submitted that despite this certificate, his application for grant of parole leave is rejected by the Inspector General of Prisons by order dated 11.04.2012, which is produced at page No.27. Learned Advocate for the petitioner submitted that the convict be granted required leave so as to see that he gets 25% to 30% recovery.
3. The submissions are found without any merit inasmuch as, in the certificate at page No.29 itself, it is mentioned that:-
"Since then, he is regularly being treated by full-time physicians and medical officers during OPD visits at jail dispensary."
3.1 The Inspector General of Police has considered the fact that the convict is granted 15 days', 30 days' and 10 days' parole leave, totalling to 55 days by different orders passed by this Court, on expiry of which, the convict reported to jail only on 20.01.2012 at 05.20 pm.
4. Learned Advocate for the petitioner submitted that despite the fact that he reported in jail on 20.01.2012, certificate dated 05.02.2012 shows that he is having weakness in upper and lower limbs and facial and therefore, he needs attendant to do his routine work.
5. The submission is made without placing on record as to what was the position prior to the convict being released on parole leave in the month of November 2011. In absence of any such medical certificate, this Court is not able to accept the submission that after he reported to jail on 20.01.2012, on 05.02.2012, his health deteriorated.
6. Taking into consideration the fact that nature of the aliment is such which will require a regular and long drawn treatment and which is being given to the convict as mentioned in the certificate, there is no reason made out for grant of parole leave. The petition is rejected.
(Ravi R.Tripathi, J.) *Shitole Top