Gujarat High Court
Lakhabhai Nathabhai Aalgotar vs State Of Gujarat & 2 on 2 February, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/2411/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR EXTENSION OF PAROLE LEAVE)
NO. 2411 of 2017
In SPECIAL CRIMINAL APPLICATION NO. 234 of 2017
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LAKHABHAI NATHABHAI AALGOTAR....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MS. MAYURI P CHAUHAN, ADVOCATE for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 02/02/2017
ORAL ORDER
1. Though the present application is filed for extension of parole leave, it is for grant of parole leave as the applicant has already surrendered before the jail authority as per the order dated 27.01.2017 passed by Co-ordinate Bench of this court in the present application.
2. By way of the present application, the applicant has prayed to release him on parole leave on the ground of marriage of his cousin sister which is fixed on 08.02.2017.
3. Ms. Mayuri Chauhah, learned advocate appearing on behalf of the applicant states that the applicant may be released on parole leave by imposing suitable conditions. She further states that the applicant has already surrendered before the jail authority as per the order passed by Co- ordinate Bench of this court vide order dated 27.01.2017 in the present application and therefore, she requests that the Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Feb 04 00:47:39 IST 2017 R/CR.MA/2411/2017 ORDER applicant may be released on parole leave so that he can attend the marriage of his cousin sister.
4. Learned Additional Public Prosecutor appearing for the respondent has opposed this application.
5. I have heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent. I have gone through the jail record of the convict. It appears from the jail record that the convict has been sentenced mainly for the offence punishable under Section 302 of the Indian Penal Code and sentenced for life. It appears that the convict has undergone sentence of about 2 years and 8 months. Jail Record suggests that whenever the applicant was released on parole leave, he had surrendered in time and his jail conduct is found to be good.
6. 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. In addition to the conditions which may be imposed by the Jail authority, the applicant shall mark his presence twice during his parole leave before the concerned Police Station. 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.) Tausif Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Feb 04 00:47:39 IST 2017