1. An under-trial prisoner seeks temporary parole leave for medical treatment of a cardiac condition while incarcerated. (Para 1 , 3 )
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2026 Supreme(Online)(Guj) 35536
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sanjeev J. Thaker, J
Mohammad Farooq Usmangani @ Haji Farooq Shaikh – Appellant
Versus
State of Gujarat – Respondent
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 14245 of 2026
Important Points
A prisoner's right to medical treatment under Article 21 of the Constitution does not entitle them to choose a specific doctor or hospital outside the jail if adequate treatment is available within the jail facility.
Subject
Criminal - Parole
Act Referred
Headnote
(A) Prisoner's Rights - Medical Treatment - Right to health under Article 21 does not extend to the right to select a specific doctor or hospital of choice if adequate medical facilities are available within the jail hospital. (Para 4)
(B) Parole Leave - Medical Grounds - Temporary bail or parole for private treatment is not a matter of right for prisoners charged with serious offences, especially when the required treatment is available within the jurisdiction or jail facility. (Para 4)
Issues: Whether the applicant is entitled to parole leave for medical treatment when adequate treatment is provided by the jail authority.
(B) Parole Leave - Medical Grounds - Temporary bail or parole for private treatment is not a matter of right for prisoners charged with serious offences, especially when the required treatment is available within the jurisdiction or jail facility. (Para 4)
Issues: Whether the applicant is entitled to parole leave for medical treatment when adequate treatment is provided by the jail authority.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Manan V Patel
For the Respondents: Rohan Shah
For the Appellants/Petitioners: Manan V Patel
For the Respondents: Rohan Shah
Table of Contents
2. Applicant contends that medical treatment is required, while the state maintains the applicant is receiving adequate medical care within the prison facility. (Para 3 , 4 )
3. The court observed that the prisoner receives adequate medical facilities within the jail and that a prisoner does not have the right to select specific medical providers. (Para 3 , 4 , 5 , 6 )
4. An under-trial prisoner has a right to medical treatment under Article 21, but lacks the right to choose a private facility or doctor outside the prescribed institutional care. (Para 4 )
5. Application for parole leave is rejected, with directions for the jail authority to ensure continued medical care for the accused. (Para 5 , 6 , 7 )
6. Does an under-trial prisoner have an absolute right to select a private hospital for medical treatment while in custody?
No. While Article 21 guarantees the right to medical treatment, it does not entitle an under-trial prisoner to choose a doctor or medical facility of their own preference if adequate treatment is provided by the state authorities. (Para 4 )
7. What is the threshold for a court to grant temporary bail for medical treatment to an under-trial prisoner?
Temporary bail for private treatment is not a matter of right. Where the state provides adequate medical care for the prisoner's condition within the facility, the court will decline to exercise its discretion to grant such leave. (Para 4 , 5 )
ORAL ORDER
1. This application is filed by the applicant seeking parole leave.
2. Heard the learned advocates for the respective parties and perused the papers available on record.
3. Considering the facts of the present case, the present application seeking parole leave on the ground of medical treatment and follow up of the applicant. On 01.10.2026, learned advocate for the applicant had sought time to place on record the document, thereafter, on 07.10.2026, this Court had adjourned the matter and the learned APP had to verify the medical condition of the applicant and report on the next date. The learned APP has placed on record the Medical Certificate dated 13.10.2026, wherein, it has been observed that as the patient was Coronary Artery Disease triple vessel disease. The patient was operated for coronary artery bypass and patient was advised regular meditation and follow up with anti diabetic diet and the patient/accused is given regular follow up and meditation required by physician as and when needed. The learned advocate for the applicant has in the application not stated that the applicant is not getting proper treatment at the Hospital of Ahmedabad Central Jail, Ahmedabad.
4. Considering the gravity of the offences and the fact that the accused is receiving proper medical treatment, and no shortfall is being found in the medical treatment offered by the Jail Authority. The accused has a right to get treatment under Article 21 of the Constitution, but such treatment cannot be claimed at a facility of his own choice as a matter of course. This Court, in the case of Amrutbhai Bholidasbhai Patel Vs. State of Gujarat , reported in 2001(1) GLH 328 held, that when an under trial prisoner is charged for serious offence, temporary bail for getting private treatment is not considered as of right. Para 25 thereof reads as under:-
“It should not be lost sight that the petitioner is an under-trial prisoner and his liberty and privilege is temporarily curtailed. He cannot have the right to select a particular doctor or particular hospital from whom or from where he should get treatment. In other words, he does not have as much liberty as a free citizen enjoys to canvass the case that he should be treated by a particular doctor of his choice outside Ahmedabad and more particularly treatment which he requires is available in the City of Ahmedabad itself. Therefore, he cannot be released either on regular or temporary bail for getting treatment outside Ahmedabad on the ground of ailment.”
5. In view of the fact that adequate medical treatment is already being provided to the applicant at the Hospital of Ahmedabad Central Jail, Ahmedabad, this Court is not inclined to exercise discretion in favour of the applicant.
6. However, the Jail Authority is directed to ensure that proper and continued medical treatment is provided to the accused at Hospital of Ahmedabad Central Jail, Ahmedabad, as and when required.
7. In view of the above, no case is made out. The application is rejected accordingly.
