Shaikh Sabbirhusain Husenmiya vs State Of Gujarat on 15 December, 2022

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Gujarat High Court

Shaikh Sabbirhusain Husenmiya vs State Of Gujarat on 15 December, 2022

Bench: Gita Gopi

     R/SCR.A/12971/2022                                   ORDER DATED: 15/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 12971 of 2022

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                          SHAIKH SABBIRHUSAIN HUSENMIYA
                                       Versus
                                 STATE OF GUJARAT
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Appearance:
MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                 Date : 15/12/2022

                                     ORAL ORDER

RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

1. By way of this petition, the petitioner has prayed for grant of parole leave on the ground of sickness of his wife.

2. Learned advocate Mr. Hemant Raval for the applicant has referred to the observations of the Apex Court in Special Leave Petition (criminal) Diary No. 29982 of 2022. He has further submitted that the District Superintendent of Ahmedabad, Central Jail, by communication dated 9.12.2014 had informed the applicant under RTI that this matter was recommended for remission by learned APP by referring the jail Page 1 of 3 Downloaded on : Sat Dec 24 03:39:37 IST 2022 R/SCR.A/12971/2022 ORDER DATED: 15/12/2022 remarks which states that the application under Section 433 of the Criminal Procedure Code was rejected on 14.8.2017. The present prayer is for parole for 30 days for the applicant who was convicted under the TADA Act. His cousin sister died on 8.12.2022 and his wife is sick at home and further states that during the corona period because of his wife's sickness and since his remission petition as Special Criminal Application No. 12671 of 2021 is pending before the Hon'ble High Court for which he was unable to surrender in time.

3. Learned Additional Public Prosecutor has opposed this petition and produced the jail record of the petitioner.

4. Considering the fact that the applicant has been in jail since the order of conviction on 21.10.2002 and the fact that he has also challenged the order of rejection and the fact he has also moved Special Criminal Application No. 12671 of 2022 which according to learned advocate Mr. Raval is for consideration of remission.

5. In view of the above, the petition deserves consideration. The petitioner is ordered to be released on parole leave for a period of 10 days, from the actual release, on furnishing a personal bond of Rs.10,000/-

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R/SCR.A/12971/2022 ORDER DATED: 15/12/2022 (Rupees Ten Thousand Only), to the satisfaction of the jail authority. The petitioner shall surrender to the jail authorities on completion of parole leave.

6. Rule is made absolute to the aforesaid extent. Direct Service is permitted today. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(GITA GOPI,J) MARY VADAKKAN Page 3 of 3 Downloaded on : Sat Dec 24 03:39:37 IST 2022

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