Gujarat High Court
Mahesh @ Maylo @ Mahendra Devshibhai ... vs State Of Gujarat & 2 on 8 December, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/9330/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9330 of 2016
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MAHESH @ MAYLO @ MAHENDRA DEVSHIBHAI DAMANIYA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 08/12/2016
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent.
2. By way of this application, the applicant - convict has prayed to release him on parole leave on the ground to file appeal before this court challenging the conviction for the offences punishable under Sections 302, 114, 392, 397, 188 of the Indian Penal Code sentenced for life dated 20.10.2016 in Sessions Case No. 40 of 2014.
3. Learned Additional Public Prosecutor appearing for the respondent has opposed this application.
4. I have heard learned Additional Public Prosecutor for the respondent and perused the averments made in the Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Dec 09 00:27:38 IST 2016 R/SCR.A/9330/2016 ORDER application. I have gone through the jail record of the convict. It appears from the jail record that the benefit of set-off was given to the convict from 07.11.2013 to 25.09.2014 i.e. during the pendency of trial, however, he was released thereafter and after judgment he had surrendered before the Jail authority. 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 11 months and 27 days. Jail Record suggests that whenever the convict was released on temporary bail/furlough leave/ parole leave, 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 application deserves consideration. The applicant - convict shall be released on parole leave for a period of three weeks, from the date of his actual release, on usual terms and conditions and on the conditions which may be imposed by the Jail authority. The applicant - convict to surrender before Jail Authority on completion of parole leave, without fail. 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.) TS Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Dec 09 00:27:38 IST 2016