1 2025:CGHC:34400-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 409 of 2025 Ajay @ Chhotu @ Jijji Jaiswal S/o Late Bajrang Prasad Jaiswal Aged About 55 Years R/o Flat No. B 419, Sanjay Heights Apartment, Rajasva Colony, Sarkanda, Bilaspur, District - Bilaspur, Chhattisgarh. Through - Nisha Jaiswal W/o Ajay @ Chhotu @ Jijji Jaiswal Aged About 48 Years, R/o. Flat No. B 419, Sanjay Heights Apartment, Rajasva Colony, Sarkanda, Bilaspur, District - Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Home Department, Mantralaye Mahanadi Bhawan New Raipur, Raipur, District - Raipur, Chhattisgarh. 2 - Collector/district Magistrate Bilaspur District - Bilaspur, Chhattisgarh. 3 - Jail Superintendent Central Jail Bilaspur, District - Bilaspur, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shakti Raj Sinha, Advocate For Respondents/State : Mr. Shaleen Singh Baghel, Deputy Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 21 .07.2025 1. Heard Mr. Shakti Raj Singh, learned counsel for the petitioner and Mr. Shaleen Singh Baghel, Deputy Government Advocate appearing for the State/respondents. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.07.21 17:45:31 +0530 2 2. The present petition has been filed by the petitioner with the following prayers:- “(i) That, this Hon'ble Court may kindly be pleased to grant emergency medical leave to the petitioner for a period of three months, enabling him to travel to Nanavati Max Super Speciality Hospital, Mumbai, for the purpose of undergoing necessary follow-up treatment, monitoring, and mechanical setting of the neurostimulator device implanted during Deep Brain Stimulation (DBS) surgery in his brain and chest. (ii) That, this Hon'ble Court may kindly be pleased to direct the concerned jail authorities to facilitate the petitioner's travel, treatment, and compliance with any conditions that this Hon'ble Court may deem just and proper; (iii) That any other order/relief which this Hon'ble Court may deem fit, proper, and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice.” 3. Learned counsel for the petitioner submits that the petitioner was arrested on 09.06.2010 for the offences under Sections 148, 302/149 of IPC and Section 25 of the Arms Act. He was convicted for the offence under Section 302 read with Section 149 IPC and sentenced to life imprisonment. The petitioner has already undergone more than nine years of actual sentence and is 3 presently lodged in Central Jail, Bilaspur (C.G.). It is further submitted that during the pendency of his appeal, the petitioner was granted bail and post-conviction, he has also been granted parole on multiple occasions without any breach of the conditions imposed. The petitioner has maintained good conduct throughout his incarceration and there is no adverse report against him from the jail authorities. The learned counsel further submits that the petitioner has been suffering from serious and life-compromising medical conditions, namely Atypical Parkinsonism, Type-2 Diabetes, Bronchial Asthma, and Degenerative Disc Disease at L5-S1 level, which require continuous medical care and specialized treatment. In the year 2023, during his parole period, the petitioner was advised to undergo Deep Brain Stimulation (DBS) surgery, which involves the implantation of a neurostimulator device in the brain and chest. Pursuant to permission granted by the Hon’ble Supreme Court in SLP (Crl.) No. 15703/2023 and Criminal Appeal No. 172/2024 vide order dated 09.01.2024, the petitioner underwent the said surgery at Nanavati Max Super Speciality Hospital, Mumbai. It is further submitted that the neurostimulator device requires periodic monitoring, calibration, and adjustment by specialized experts, failing which there is a serious risk of deterioration of the petitioner’s health. Recently, the petitioner again developed complications, as evidenced by medical prescriptions from CIMS, Bilaspur (dated 16.06.2025) and DKS Hospital, Raipur (dated 4 23.06.2025), where he has been referred to a higher neurological centre for further management. The learned counsel submits that the petitioner's parole period expired on 29.06.2025, upon which he voluntarily surrendered himself back to the prison authorities. However, considering his deteriorating health condition, the risk of serious complications, and the necessity of immediate medical intervention for the monitoring and setting of the installed neurostimulator device, the petitioner seeks emergency medical leave for a period of three months to visit Nanavati Max Super Speciality Hospital, Mumbai. Lastly, it is submitted that the petitioner has never misused the liberty granted to him on previous occasions and his conduct has been exemplary, and therefore this prayer deserves to be considered on humanitarian and medical grounds to safeguard his fundamental right to life and health under Article 21 of the Constitution of India. 4. On the other hand, learned State counsel opposes the submissions of the learned counsel for the petitioner. 5. Perusal of the record would reveal that the petitioner has been suffering from serious medical ailments for which he had to undergo brain surgery. In this regard, the petitioner had already approached the Hon’ble Supreme Court of India by filing Special Leave Petitions, wherein the Hon’ble Supreme Court has passed several orders from time to time, as reflected in Annexure P/1 (pages 13 to 19) annexed with the present petition. It further 5 appears from the said orders that the Hon’ble Supreme Court had lastly extended the period of medical parole for about 08 weeks by order dated 03.05.2024. The present petition has been filed before this Court again on the same grounds seeking medical parole. 6. Having considered the submissions advanced by the learned counsel for the parties and upon perusal of the records, it seems that the Hon’ble Supreme Court has already exercised its jurisdiction and passed specific directions in this matter on multiple occasions, this Court is of the considered view that it would not be proper to entertain the present petition seeking similar relief. The relief as sought by the petitioner pertains to administrative and executive functions involving medical parole, which are to be considered by the competent authorities as per the applicable rules, regulations, and jail manuals. 7. Accordingly, the writ petition stands dismissed. However, it is made clear that the petitioner shall be at liberty to approach the competent authority or appropriate forum in accordance with law, if so advised, for redressal of his grievance, including for the purpose of seeking emergency medical parole or leave on medical grounds, in accordance with law. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu