Gujarat High Court
Rangitbhai Kanabhai Nayak vs State Of Gujarat & on 12 April, 2013
Author: A.J.Desai
Bench: A.J.Desai
RANGITBHAI KANABHAI NAYAK....Applicant(s)V/SSTATE OF GUJARAT R/CR.MA/5637/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR DIRECTION) NO. 5637 of 2013 In SPECIAL CRIMINAL APPLICATION NO. 275 of 2013 ================================================================ RANGITBHAI KANABHAI NAYAK....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: THROUGH JAIL for the Applicant(s) No. 1 MR. KP RAVAL, APP for the Respondents ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 12/04/2013 ORAL ORDER
1. Rule.
Mr.K.P.Raval, learned APP waives service of notice of Rule on behalf of respondents.
2. By way of present application, the convict has prayed to regularize his one day late surrender at the time when he was released by this Court for parole leave on the ground of his own sickness from 06.03.2013 to 27.03.2013.
3. It appears from the jail record that the petitioner has been convicted for the offences under Sections 363 and 376 of the Indian Penal Code and sentenced for 10 years. He has undergone sentence of about 5 years and 2 months. He was released on parole leave by this Court by passing order dated 27.02.2013 in Special Criminal Application No.275 of 2013 for 21 days on the ground of his sickness of paralysis. He surrendered late by one day before the jail authority.
4. I am of the opinion that when the petitioner was released for his own sickness and particularly sickness reflects in the certificate dated 27.2.2013 issued by Dr.Sanjaykumar Rai, Medical Officer, Vadodara Central Jail, Vadodara.
5. I am of the opinion that the petition requires consideration. Hence, the same is allowed. The petitioner shall be treated on parole leave from 06.03.2013 to 28.3.2013.
6. Rule is made absolute to the aforesaid extent. Registry is directed to send writ of this order to the concerned Jail Authority forthwith.
(A.J.DESAI, J.) Ashish Tripathi Page 2 of 2