AJAY @ CHHOTU JAISWAL vs THE STATE OF CHHATTISGARH - 2024-01-09

O R D E R

Leave granted .

2. The short question that is for consideration before u s is as to whether the appellant is entitled for parole so a s to permit him to undergo Deep Brain Surgery at a place of hi s choice - Nanawati Max Super Speciality Hospital, Mumbai .

3. From the arguments made, it is clear that the appellan t has been suffering from the said ailment. The learne d counsel appearing for the State, on instructions, submitte d that such a treatment can be given within a Stat e particularly at AIIMS, Raipur. On the other hand, learne d counsel appearing for the appellant submitted that if th e appellant is permitted to undertake treatment at Nanawati Ma x Super Speciality Hospital, Mumbai, he would have his wife t o take care of him along with the necessary facilitie s available at the said hospital. It would only be appropriat e to give a direction to permit the appellant to undergo th e surgery in the said place .

4. We find force in the statement made by learned counse l for the appellant, particularly, when the ailment is not i n question. The appellant has been under incarceration fo r nearly about 7 years. It is unlikely for the appellant t o abscond as the surgery to be undertaken is of a serious i n nature. It also appears to us that he is not in a positio n to provide the cost for escorting him to the said facility .

5. Under those circumstances, we are inclined to set asid e the impugned order by directing the respondent to permit th e appellant to undergo the surgery for his Deep Brain Surger y at the Nanawati Max Super Speciality Hospital, Mumbai. Fo r the aforesaid reasons, we are inclined to grant three months ’ time both for conducting surgery and post surgical treatmen t from the date of the release of the appellant. Insofar a s the escort is concerned, it is well open to the respondent s to facilitate the said escort at their own cost .

6. The appeal is, accordingly, allowed .

7. Pending application(s) shall stand disposed of .

……………………………………………………J .

[M.M. SUNDRESH ]

……………………………………………………J .

[S.V.N. BHATTI ]

NEW DELHI ;

JANUARY 9, 202 4 ITEM NO.5 COURT NO.14 SECTION II- C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.)NO(S).15703/202 3 (Arising out of impugned final judgment and order dated 16-08 - 2023 in WPCR No. 264/2023 passed by the High Court O f Chhatisgarh At Bilaspur )

AJAY @ CHHOTU JAISWAL Petitioner(s )

VERSU S THE STATE OF CHHATTISGARH & ORS. Respondent(s ) Date : 09-01-2024 This petition was called on for hearing today .

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRES H HON'BLE MR. JUSTICE S.V.N. BHATT I For Petitioner(s) Mr. Satya Mitra, AO R Ms. Mugdha, Adv .

Mr. Kamran Khwaja, Adv .

For Respondent(s) Mr. Vmz Chambers, AO R Ms. Prachi Mishra, AAG Chhattisgar h Ms. Rebecca Mishra, Adv .

Ms. Vaishnavi, Adv .

UPON hearing the counsel the Court made the followin g

O R D E R

Leave granted .

The appellant be released on parole in terms of signe d order which is placed on the file . The appeal is accordingly allowed .

Pending application(s) shall stand disposed of .

(KAVITA PAHUJA) (POONAM VAID )

COURT MASTER (SH) COURT MASTER (NSH )