Gujarat High Court
Allarakha @ Kalu Khvajuddin Saiyed vs State Of Gujarat on 24 May, 2018
Author: B.N. Karia
Bench: B.N. Karia
R/SCR.A/4386/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4386 of 2018
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ALLARAKHA @ KALU KHVAJUDDIN SAIYED
Versus
STATE OF GUJARAT
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Appearance:
MR HEMANT B RAVAL(3491) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3
MR J K SHAH, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 24/05/2018
ORAL ORDER
1. Rule. Mr. J. K. Shah, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent- State.
2. By way of this application, the applicant has prayed to release him on parole leave on the ground of arranging finance for helping his mother for her medical treatment and food grains.
3. Learned Additional Public Prosecutor has opposed this application and produced jail remarks of the applicant.
4. I have heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State. I have gone through the jail remarks of the applicant. It appears from the jail remarks that the applicant has been Page 1 of 2 R/SCR.A/4386/2018 ORDER sentenced mainly for the offence punishable under Sections 302, 376, 381, 511 of the Indian Penal Code and Section 135(1) of the Bombay Police Act and sentenced to undergo life imprisonment. It appears that the applicant has undergone sentence of about fourteen years and six months. Jail remarks suggest that whenever he has been given leave, he has surrendered in time.
5. In the peculiar facts and circumstances of the case, this application deserves consideration. The applicant-convict shall be released on parole leave for a period of one week, from the date of his actual release, on his executing a personal bond of Rs.5,000/- to the satisfaction of the jail authorities and on usual terms and conditions. The convict to surrender before the jail authorities on completion of parole leave, without fail.
6. Rule is made absolute to the above stated extent. Direct service is permitted.
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