Gujarat High Court
Jakir Husain Manjur Husain vs State Of Gujarat on 13 October, 2025
NEUTRAL CITATION
R/SCR.A/11732/2025 ORDER DATED: 13/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 11732 of 2025
With
CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 11732 of 2025
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JAKIR HUSAIN MANJUR HUSAIN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/10/2025
ORAL ORDER
1. RULE returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 - State of Gujarat.
2. With the consent of learned counsel appearing for respective parties, present petition is taken up for final hearing today.
3. By way of present petitions under Article 226 of the Constitution of India read with SectionS 432, 433, 433(a) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C"), the petitioner has prayed to quash and set aside the impugned order/s passed by the Department of Home, Government of Gujarat, whereby the petitioner has been denied remission under Section 432 of the CrPC.
4. From the record of petition, it appears that remission order/s passed without assigning any reason and general order which does not reflect application of mind and proper consideration of case of convicts have been passed by the authority without verifying the facts of each case. In view of the above, prima facie, it appears that Page 1 of 3 Uploaded by MR. AJAY C MENON(HC00939) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 01:58:32 IST 2025 NEUTRAL CITATION R/SCR.A/11732/2025 ORDER DATED: 13/10/2025 undefined the respondent authority has not considered the application/s filed by the present petitioner/s in a fair manner and not properly assessed the material and the opinion produced before the authority.
5. Herein, as discussed above, the report of Jail Advisory Board is ambiguous and there is nothing in the said report which clearly indicate about the conduct and relevant criteria to consider the applications for remission.
6. In view of the above, the impugned order/s passed by the Authority deserve to be quashed and set aside and the matter is required to be remitted back to the respondent Authority to decide afresh, in light of prevailing government policy and Resolutions extending benefit of remission as well as the criteria laid down by the Hon'ble Supreme Court in the case of Nawas @ Mulanavas Vs. State of Kerala, reported in 2024 INSC 215;
(a) the number of deceased who are victims of that crime and their age and gender;
(b) the nature of injuries including sexual assault if any;
(c) the motive for which the offence was committed;
(d) whether the offence was committed when the convict was on bail in another case;
(e) the premeditated nature of the offence;
(f) the relationship between the offender and the victim;
(g) the abuse of trust if any; (h) the criminal antecedents; and whether the convict, if released, would be a menace to the society. Some of the positive factors have been, (1) age of the convict; (2) the probability of reformation of convict; (3) the convict not being a professional killer; (4) the socio-economic condition of the accused; (5) the composition of the family of the accused and (6) conduct expressing remorse."
7. In view of the aforesaid discussion, the impugned order/s passed by the Department of Home, Government of Gujarat, are hereby quashed and set aside. The matter is remitted to the concerned authority for fresh consideration, which shall be completed within a Page 2 of 3 Uploaded by MR. AJAY C MENON(HC00939) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 01:58:32 IST 2025 NEUTRAL CITATION R/SCR.A/11732/2025 ORDER DATED: 13/10/2025 undefined period of eight weeks from the date of receipt of this order, without being influenced by any of the observations made herein.
8. Meanwhile, the petitioner is hereby ordered to be released on parole leave for a period of ONE (1) week on usual terms and conditions including furnishing a bail bond of Rs.5,000/- to the satisfaction of the concerned jail authority, pending re-consideration of remission application by the concerned authority. The petitioner shall surrender before the jail authority without fail on expiry of his parole leave irrespective of pendency of his remission application or even in the event of any adverse decision by the said authority. It is also made clear that no extension of parole leave shall be granted.
9. With the above observation and direction, present petition stands disposed of. Rule accordingly. Direct Service is permitted.
10. In view of disposal of SCR.A No.11732/2025, Criminal Misc.
Application (Parole Leave) No. 1 of 2025 in SCR.A No.11732/2025 also stands disposed of.
(HASMUKH D. SUTHAR, J.) Ajay Page 3 of 3 Uploaded by MR. AJAY C MENON(HC00939) on Tue Oct 14 2025 Downloaded on : Wed Oct 15 01:58:32 IST 2025