Gujarat High Court
Nareshbhai Mohanbhai Tandel vs State Of Gujarat & 2 on 11 May, 2017
Author: A. S. Supehia
Bench: A.S. Supehia
R/SCR.A/3413/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3413 of 2017
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NARESHBHAI MOHANBHAI TANDEL....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 11/05/2017
ORAL ORDER
1. Rule. Mr.J.K. Shah, learned Additional Public Prosecutor waives service of notices of Rule on behalf of the respondents.
2. By way of this petition, the petitioner convict has prayed to release him on parole leave on the ground of providing financial assistance to his family.
3. Mr.J.K. Shah, learned Additional Public Prosecutor has opposed this petition.
4. I have heard learned Additional Public Prosecutor for the respondents and perused the averments made in Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu May 11 23:41:28 IST 2017 R/SCR.A/3413/2017 ORDER the petition. I have gone through the jail record of the convict. It appears from the jail record that the convict has been sentenced for the offences punishable under Sections 302, 323, 143, 147, 148 and 452 of the Indian Penal Code and sentenced for life. The petitioner convict has already undergone sentence of about 11 years, 2 months and 28 days. Jail Record suggests that whenever the convict was released on temporary bail/furlough leave/ parole leave, he had surrendered on time and his jail conduct is found to be good.
5. In the peculiar facts and circumstances of the case, the petition deserves consideration. The petitioner convict shall be released on parole leave for a period of seven days, from the date of his actual release, on usual terms and conditions. The petitioner convict shall surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
6. Registry is directed to send writ of this order to the concerned Jail authority forthwith.
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