Gujarat High Court
Kalim Ahmed @ Kalim Mulla Mohammed Habib ... vs State Of Gujarat on 12 October, 2022
Author: Ashokkumar C. Joshi
Bench: Ashokkumar C. Joshi
R/SCR.A/10251/2022 ORDER DATED: 12/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 10251 of 2022
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KALIM AHMED @ KALIM MULLA MOHAMMED HABIB KARIMI
Versus
STATE OF GUJARAT
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Appearance:
MR MAKBUL I MANSURI(2694) for the Applicant(s) No. 1
MS SABINA M MANSURI(3631) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 12/10/2022
ORAL ORDER
1. This petition is filed by the petitioner - convict seeking regularization of late surrender while he was on parole leave and surrendered late by 243 days.
2. Heard, learned advocate for the petitioner and the learned Additional Public Prosecutor for the respondent - State.
3. Regard being had to the submissions made and considering the material on record, it appears that the authority concerned, vide order dated 04.07.2022, has rejected the application of the petitioner for such regularization. Nonetheless, considering the ground mentioned in the petition for late surrender to the effect that the father of the petitioner aged 86 years, was hospitalized for one year due to paralysis and Covid, and that Page 1 of 2 Downloaded on : Wed Oct 12 22:53:35 IST 2022 R/SCR.A/10251/2022 ORDER DATED: 12/10/2022 the petitioner himself was suffering from jaundice; due to death of relative as well as for arranging the fees of his son and so on, the Court deems it proper the direct the concerned authority to reconsider the case of the petitioner.
4. Accordingly, the authority concerned is directed to reconsider the case of the petitioner for regularization of the late surrender afresh within three weeks. Outcome of the same shall be communicated to the petitioner.
5. With aforesaid, this petition is disposed of.
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