Gujarat High Court
Hikhabhai Jivabhai Charan vs State Of Gujarat & on 4 April, 2013
Author: A.J.Desai
Bench: A.J.Desai
HIKHABHAI JIVABHAI CHARAN....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/954/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 954 of 2013 ================================================================ HIKHABHAI JIVABHAI CHARAN....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: THROUGH JAIL for the Applicant(s) No. 1 MR.KP RAVAL, APP for the Respondents ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 04/04/2013 ORAL ORDER
1. Rule.Mr.K.P.Raval, learned APP waives service of notice of Rule on behalf of respondents.
2. A request has been made by the petitioner that he may be released on parole leave so that he can agitate his grievance with regard to order passed the Deputy Secretary, Home Department dated 11.01.2013, by which, the application under Section 433-A of the Code of Criminal Procedure, 1973 is dismissed and the petitioner has not been released on completion of sentence of 14 years.
3. I have gone through the jail record of the convict. It appears that the petitioner has been convicted for the offences under Sections 302 and 34 of the Indian Penal Code and sentenced for life. He has undergone sentence of about 14 years and 9 months. In 2002, when he was released on furlough leave, he absconded for 685 days and came to be arrested by the police, however, from 2008 onwards, he has been released on furlough leave regularly and has also been released on parole leave by this Court and on all occasions, he had surrendered in time and his jail conduct is found to be good.
5. Considering the overall facts and circumstances of the case, I am of the opinion that the petition requires consideration. Hence, the same is allowed.
6. The petitioner-convict shall be released on parole leave for a period of four weeks from the date of his actual release on usual terms and conditions.The petitioner-convict shall surrender before the Jail Authority immediately after the aforesaid parole is over.
7. Rule is made absolute to the aforesaid extent. Registry is directed to send writ of this order to the concerned Jail Authority forthwith.
(A.J.DESAI, J.) Ashish Tripathi Page 3 of 3