Gujarat High Court
Hemubha Hathuji Jadeja vs State Of Gujarat & 2 on 8 December, 2014
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/5295/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 5295 of 2014
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HEMUBHA HATHUJI JADEJA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR NJ SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 08/12/2014
ORAL ORDER
[1] RULE. Mr.N. J. Shah, 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, through jail praying to release him on parole leave so that he can pursue his remedy under the provisions of the Criminal Procedure Code.
[3] Heard learned Additional Public Prosecutor appearing for the respondent- State and 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 302, 326, 324, 149 and 449 of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about 15 years and 10 months. It is true that in 1990, when he was released on furlough leave, he absconded for 4051 days. However, subsequent thereof from 2003 onwards, whenever the convict was released on parole / furlough leave, he surrendered in time to the jail authority.
Page 1 of 2R/SCR.A/5295/2014 ORDER [4] Considering the aforesaid facts and circumstances of the case and
the 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 four weeks 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. Rule is made absolute accordingly.
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