Gujarat High Court
Sabbirhussain Hussainmiya Sheikh vs State Of Gujarat & 2 on 6 February, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/942/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 942 of 2017
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SABBIRHUSSAIN HUSSAINMIYA SHEIKH....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
NANAVATI & CO., ADVOCATE for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 06/02/2017
ORAL ORDER
1. Rule. Mr.Manan Mehta, learned Additional Public Prosecutor waives service of Rule on behalf of the respondents.
2. By way of this petition, the applicant has prayed to release him on parole leave on the ground to attend marriage ceremony of his nephew which is scheduled on 10.02.2017.
3. Learned Additional Public Prosecutor appearing for the respondents has opposed this petition and produced jail record of the convict.
4. I have heard learned advocates for both the parties. I have gone through the jail record of the convict. It appears from the jail record that the convict has been Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Feb 07 01:43:44 IST 2017 R/SCR.A/942/2017 ORDER sentenced mainly for the offence punishable under Section 302, 120(B), etc. of the Indian Penal Code, Section 25(1)(C), 27 of the Arms Act, Section 5 of the TADA Act and sentenced for life. It appears that the convict has undergone sentence of about 19 years and 1 month. Jail Record suggests that whenever he was released on temporary bail, he had surrendered in time and his jail conduct is found to be good.
5. In the peculiar facts and circumstances of the case, the petition deserves consideration. The convict shall be released on parole leave for a period of ten days, from the date of his actual release, on usual terms and conditions. The convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(A.J.DESAI, J.) PALAK Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Feb 07 01:43:44 IST 2017