Gujarat High Court
Salim @ Munnabhai Rahimbhai Shaikh vs State Of Gujarat & 2 on 5 May, 2016
Author: R.P.Dholaria
Bench: R.P.Dholaria
R/SCR.A/2993/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2993 of 2016
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SALIM @ MUNNABHAI RAHIMBHAI SHAIKH....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 05/05/2016
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondents.
2. By way of this petition, the applicant - convict has prayed to release him on parole leave on the ground that since from the long period the application for parole leave of the applicant under Section 433-A of the Code of Criminal Procedure is pending before the competent authority and he has undergone almost about 16 years incarceration.
3. 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 the Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri May 06 03:47:51 IST 2016 R/SCR.A/2993/2016 ORDER petition. I have gone through the jail record of the convict. It appears from the jail record 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 15 years and 8 months. Jail Record suggests that whenever the convict was released on temporary bail/furlough leave/ 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. Accordingly, the present petition is allowed. The applicant - convict shall be released on parole leave for a period of 21 days, from the date of his actual release, on usual terms and conditions. The applicant - convict to 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.
(R.P.DHOLARIA,J.) Ashish Tripathi Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri May 06 03:47:51 IST 2016