Gujarat High Court
Bilal Abdulla Ismail Badam Ghanchi Thro ... vs State Of Gujarat on 13 February, 2023
R/SCR.A/1236/2023 ORDER DATED: 13/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1236 of 2023
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BILAL ABDULLA ISMAIL BADAM GHANCHI THRO BADAM
NAFISABIBI BILAL
Versus
STATE OF GUJARAT
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Appearance:
MR MAKBUL I MANSURI(2694) for the Applicant(s) No. 1
MS SABINA M MANSURI(3631) for the Applicant(s) No. 1
Ms. Monali Bhatt, Addl. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 13/02/2023
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
2. The present application has been filed by the applicant
- convict to release him on parole leave for a period of 30 days on the ground of financial assistance to the family.
3 Heard learned advocate for the applicant and learned Additional Public Prosecutor appearing for the respondent- State. I have gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Sections 143, 147, 148, 302, 307, 323, 324, 325, 326, 395, 397, 435, 186, 188, 120-B, 149 and 153 A of the Indian Penal Code, 1860 and Sections 141, 150, 151 and 152 of the Railways Act and Page 1 of 2 Downloaded on : Tue Feb 14 20:51:56 IST 2023 R/SCR.A/1236/2023 ORDER DATED: 13/02/2023 Section 3 and 4 of the Prevention of Damages to Public Property Act and Section 135(1) o the Bombay Police Act sentenced to undergo life imprisonment. He has already undergone sentence of about 16 years and 9 months. It further transpires that the convict when released on Parole leave in the month of April, 2022, he has surrendered in time. His jail conduct is reported to be good.
4. Considering the period of sentence undergone by the convict, I am of the opinion that the application requires consideration. Hence, the present application is partly allowed. The applicant - convict is ordered to be released on parole leave for a period of 21 days from the date of his actual release on usual terms and conditions. The convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall not abuse the liberty granted to him and shall maintain law and order. It is made clear that the Notification under Section 268 of Cr.P.C. shall be kept in abeyance during such parole period. Rule is made absolute accordingly. Registry is also directed to communicate this order to jail authority by Fax/Email.
(NISHA M. THAKORE,J) KAUSHIK J. RATHOD Page 2 of 2 Downloaded on : Tue Feb 14 20:51:56 IST 2023