Allarakha @ Kalu Khwajuddin Saiyed vs State Of Gujarat on 10 February, 2021

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Gujarat High Court

Allarakha @ Kalu Khwajuddin Saiyed vs State Of Gujarat on 10 February, 2021

Bench: A. P. Thaker

       R/SCR.A/1229/2021                                   ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 1229 of 2021

================================================================
              ALLARAKHA @ KALU KHWAJUDDIN SAIYED
                             Versus
                       STATE OF GUJARAT
================================================================
Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MOXA THAKKER APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

                           Date : 10/02/2021

                            ORAL ORDER

1. Heard Ms.Moxa Thakker, learned Additional Public Prosecutor for the respondent - State through Video Conferencing.

2. RULE. Ms.Moxa Thakker, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent - State.

3. The present application has been filed by the applicant - convict, through jail praying to release him on parole leave on the ground of financial assistance to his mother.

4. Ms.Moxa Thakker, learned Additional Public Prosecutor has vehemently opposed in granting of the parole leave to the convict.

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R/SCR.A/1229/2021 ORDER

5. This Court has gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Sections 302, 376, 381, 511 of the Indian Penal Code and Section 135(1) of the Bombay Police Act and sentenced to undergo life imprisonment. He has already undergone sentence of about one year and two months. From the jail record, it appears that whenever the convict was released on parole / furlough leave, he surrendered in time. It also appears from the jail record that his jail conduct is good.

6. Considering the aforesaid facts and circumstances of the case and the sentence undergone by the convict, this Court is of the opinion that the application requires consideration. Hence, the present application is partly allowed. The convict is ordered to be released on parole leave for a period of three weeks from the date of his actual release on usual terms and conditions. The convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly.

7. On completion of such period, the applicant surrenders, he shall be tested of Covid-19 virus by the concerned Jail Authority and till report comes, he will be kept in seclusion and/or at a quarantine place.

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R/SCR.A/1229/2021 ORDER

8. Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

(DR. A. P. THAKER, J) V.R. PANCHAL Page 3 of 3 Downloaded on : Wed Jan 12 07:54:23 IST 2022

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Gujarat High Court