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Gujarat High Court

Sugam @ Monty Harishankar Jaiswal vs State Of Gujarat & 2 on 6 November, 2015

Author: S.H.Vora

Bench: S.H.Vora

                 R/SCR.A/6650/2015                                                 ORDER




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 6650 of 2015

         ==========================================================
                SUGAM @ MONTY HARISHANKAR JAISWAL....Applicant(s)
                                   Versus
                     STATE OF GUJARAT & 2....Respondent(s)
         ==========================================================
         Appearance:
         PIYUSHKUMAR K BASERI, ADVOCATE for the Applicant(s) No. 1
         MR. LB DABHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
         ==========================================================

                 CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                                        Date : 06/11/2015


                                         ORAL ORDER

1. Rule. Learned APP Mr. Dabhi waives service of notice of rule on behalf of the respondent State.

2. By way of this petition, the convict challenges order dated 27.10.2015, whereby the convict's parole leave so as to enable him to attend the engagement of his sister has been refused.

3. At the relevant point of time, as the competent authority did not get police opinion in time and by the time, opinion is received by the competent authority, the engagement ceremony, which was scheduled on 25.10.2015, was over. Thereafter, the petitioner convict requested to reconsider the decision as function of the ring ceremony is scheduled on 13.11.2015. Learned APP Mr. Dabhi states at bar that the Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Nov 07 03:31:45 IST 2015 R/SCR.A/6650/2015 ORDER competent authority by order dated 6.11.2015 has been pleased to refuse the review application of the petitioner convict. In view of the facts asserted in the petition, the present petition deserves consideration.

4. The competent authority is directed to reconsider the review application of the petitioner dated 28.10.2015 and pass appropriate order as expeditiously as possible and more particularly, considering the fact that the function of ring ceremony is scheduled on 13.11.2015.

5. With above observations and directions, present petition stands disposed of. Rule is discharged. Direct service is permitted today.

(S.H.VORA, J.) shekhar Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Nov 07 03:31:45 IST 2015