Gujarat High Court
Arvindbhai vs State on 10 May, 2012
Author: Harsha Devani
Bench: Harsha Devani
Gujarat High Court Case Information System
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SCR.A/1395/2012 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1395 of 2012
=========================================
ARVINDBHAI
MAGANBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
THROUGH
JAIL for
Applicant(s) : 1,
MS ARCHANA RAWAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
Date
: 10/05/2012
ORAL
ORDER
By this petition made through jail, the petitioner who is undergoing sentence in respect of the offences punishable under sections 302 and 504 of the Indian Penal Code and section 135(1) of the Bombay Police Act, seeks parole for 45 days with a view to make necessary arrangements for preferring appeal against the judgement and order dated 23.3.2007 passed by this Court in Criminal Appeal No.845 of 2006 whereby his appeal came to be dismissed.
From the averments made in the memorandum of the petition, it is apparent that the petitioner had been enlarged on temporary bail for a period of 15 days in the year 2008. However, at the relevant time, he did not report back in time and was absconding for a period of 711 days. A perusal of the jail record shows that at the relevant time, the petitioner had been enlarged on furlough for 10 days from 23.3.2008 on the ground of preferring an appeal before the Supreme Court. However, at the relevant time, he did not avail of the opportunity of preferring an appeal before the Supreme Court and was absconding for a period of 711 days. Under the circumstances, it is apparent that the petitioner had ample time to approach the Supreme Court for the purpose of preferring appeal against the judgement and order passed by this Court way back on 23.3.2007.
For the foregoing reasons, no case is made out for grant of the relief prayed for by the petitioner. The petition is, accordingly, summarily dismissed.
[HARSHA DEVANI, J.] parmar* Top