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S. TALAPATRA, M. S. SAHOO
Roshan Ali – Appellant
Versus
Principal Secretary To Government of Odisha, Home Department, – Respondent
JUDGMENT
S. Talapatra, J. - By means of this writ petition, the petitioner has urged to issue a writ of mandamus for releasing the petitioner prematurely, taking the health conditions to consideration.
2. Several Interlocutory Applications have been filed as off- shoot of this writ petition. The present petitioner, even, had approached the Apex Court by filing a Special Leave Petition, being, Special Leave to Appeal (Crl.) No.2781 of 2021 titled as Roshan Ali vs. Government of Odisha & others. In the said proceeding, it has been observed by the Apex Court, in the order dated 26.03.2021, as follows:
'From a certificate issued from Dr. Manoj Kumar Daga, Director, Paediatrics, and, Adult Cardiac Surgery of B.M. Birla Hospital and Research Centre, it appears that the petitioner has undergone a cardiac by-pass surgery and is presently admitted in ITU Bed No.320-B at the said hospital.'
3. The said matter arose out of rejection of the prayer for extension of parole, as earlier granted. The Apex Court by the said order asked the State Government not to take any coercive action against the petitioner in view of the said surgery.
4. Finally, by the order dated 11.07.2022, the said SLP (Crl.) No.
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