( 1 ) RULE. Mr. K. H. Baxi, the learned A. P. P. appears and waives service of Rule. Heard the learned Advocate Mrs. S. S. Patel and the learned A. P. P.

( 2 ) THE short but important question arising for our consideration in this misc. Criminal Application is :- "whether it is safe and advisable for any Court and for that purpose any authority to place implicit reliance upon a Medical certificate issued in the name of any sick person regarding his disease which do not describe the identification mark as well as bear thumb impression or signature of such person ?

( 3 ) THE petitioner-convict Ala Ramji by this Misc. Criminal Application has prayed this Court to grant extension of parole leave for 21 days on the ground of his wife Smt. Kuverben Ala suffering from an abdominal pain and that there were no male members in his family to manage for her treatment, operation etc. In support of this, the petitioner-convict has annexed a Medical Certificate issued by Dr. N. N. Bhadarka of Bhuj.

( 4 ) IT appears from the record that earlier to this application, the petitionerconvict had filed a Special Criminal Application No. 1302 of 1990 in this Court for getting himself released on parole leave for two months on the ground that his wife suffering from chest pain was hospitalised and there were no elderly male members in the family to look after her. This Court by an order dated 22/08/1990 released the petitioner-convict on parole leave for ten days. Accordingly, the petitioner-convict was released on 4/09/1990. Since this period of ten days parole leave expires on 14/09/1990, the petitioner-convict has filed the present Misc. Criminal Application for extension of time for 21 days.

( 5 ) ON perusing the record, it appears that Special Criminal Application no. 1302 of 1990 was filed in this Court on 21/08/1990 while the present Misc. Criminal Application which is the off-shoot of the said special Criminal Application, came to be filed on 11/09/1990 i. e. hardly in about the span of three weeks. What is interesting to note is the two different types of sickness/disease certificates from which the wife of the petitioner-convict is alleged to be suffering from. In the earlier special Criminal Application, the Medical Certificate dated 19/08/1990, bearing the signature of Medical Officer, Panchayat Dispensary, nirona, shows that Smt. Kuverben was suffering from Hypertension and heart disease and she was hospitalised as her condition was not good. While the second Medical Certificate dated 10/09/1990 bearing signature of Dr. N. N. Bhadarka shows that Smt. Kuverben, wife of Ala Ramji of Nirona is admitted in the Hospital for bleeding P/v for menorrhagia (excessive bleeding at the time of Menstrual period); she was advised hysterectomy (removal of uterus) operation. Further, none of the above two certificates say a word about as to on what date Smt. Kuverben has been admitted in the Hospital. There is nothing on the record to show as to when she was discharged from Panchayat Dispensary at nirona. There is also nothing in either of the certificates by way of verifiable material in nature of identification mark of Smt. Kuverben in respect of whom such Medical Certificate came to be issued. May be all these are innocent slips, but at this stage, while considering the parole applicable of a person who is sentenced to life, in our opinion, same does could the truth. Under such circumstances, before we act upon such certificate and pass any order in favour of the petitioner-convict, we feel it desirable to have a second thought and proper checking. Ordinarily, a patient suffering from a heart disease, may not be immediately advised the hysterectomy operation. Of course, it is for the Doctor to opine. Under such circumstances, we do not feel safe and advisable to accept such certificate straightaway. It is no doubt true that Medical Certificate at annexure "a" of this application does mention the sickness of the wife of the petitioner-c