Ashumal @ Asharam vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 93

M. M. SUNDRESH, RAJESH BINDAL
Ashumal @ Asharam – Appellant
Versus
State of Gujarat – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Devadatt Kamat, Sr. Adv. Mr. Rajesh Gulab Inamdar, AOR Mr. Revanta Solanki, Adv. Mr. Shashwat Anand, Adv. Mr. Shashi Nagar, Adv.
For the Respondent(s): Mr. Tushar Mehta, Solicitor General Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Mr. Ojaswa Pathak, Adv. Mr. Bhuvan Kapoor, Adv. Ms. Mili Vaishnav, Adv.

ORDER

We had already made it very clear by our earlier order dated 13.12.2024 that we are not inclined to consider the plea on merits, but only on medical ground.

2. Learned senior counsel appearing for the petitioner submits that the condition of the petitioner is precarious. The petitioner is stated to be around 86 years of age, suffering from age related ailments and has suffered two heart attacks which are not in dispute. He has been taken in and out of the prison repeatedly on more than 13 different occasions for medical treatment. It is further submitted that even the High Court had granted parole after taking into consideration the medical condition of the petitioner. The affidavit filed by the State would also establish that treatment has been given to the petitioner for heart ailment.

3. Learned Solicitor General appearing for the respondent submits that though the ailment is not in dispute and so also the age, treatment can be extended in the prison itself, which the petitioner is reluctant to undertake. In any case, considering the facts and circumstances of the case, adequate security will have to be provided to the petitioner. It is further submitted that, on merit, the p

Click Here to Read the rest of this document