Gujarat High Court
Bhikhabhai Babubhai Patel Thro' ... vs State Of Gujarat & 2 on 15 December, 2014
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/5395/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 5395 of 2014
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BHIKHABHAI BABUBHAI PATEL THRO' LILABEN BHIKHABHAI
PATEL....Applicant
Versus
STATE OF GUJARAT & 2....Respondents
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Appearance:
PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant.
MR HK PATEL, LD.ADDL.PUBLIC PROSECUTOR for the Respondents.
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 15/12/2014
ORAL ORDER
1. Rule. Mr.H.K.Patel, learned Additional Public Prosecutor waives service of Rule on behalf of the respondents.
2. By way of this petition, party-in-person - wife of the convict has prayed to release her husband on parole leave on the ground to carry out agricultural activities.
3. Mr.H.K.Patel, learned Additional Public Prosecutor has opposed this petition and produced jail record of the convict.
4. I have heard party-in-person and learned Additional Public Prosecutor for the respondents. I have gone through the jail record of the convict. It appears from the jail record Page 1 of 2 R/SCR.A/5395/2014 ORDER that the convict has been sentenced mainly for the offence punishable under Section 302 of the Indian Penal Code and sentenced for life. It appears that the convict has undergone sentence of about 16 years and 8 months. Jail Record suggests that after year 2002, whenever he was released on furlough/parole leave, he had surrendered in 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 convict shall be released on parole leave for a period of four weeks, from the date of his actual release, on usual terms and conditions. The convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
Direct service is permitted today.
[A.J.DESAI,J.] *dipti Page 2 of 2