Gujarat High Court
Kalabhai Hamirbhai Kachhot Thro ... vs State Of Gujarat on 20 March, 2019
Author: Umesh A. Trivedi
Bench: Umesh A. Trivedi
R/SCR.A/2835/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2835 of 2019
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KALABHAI HAMIRBHAI KACHHOT THRO PARESHBHAI KALABHAI
KACHHOT
Versus
STATE OF GUJARAT
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Appearance:
MS SHUBHA B TRIPATHI(5597) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR RASESH RINDANI, ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE UMESH A. TRIVEDI
Date : 20/03/2019
ORAL ORDER
1. This application for parole leave is sought for on the ground that there is one 'Bhagvat Saptah' taking place in the village of the applicant, who is an invitee also. To participate in the same, this application is filed. However, it is no ground to entertain this application for parole leave.
2. Ms. Shubha Tripathi, learned advocate for the petitioner voiced a grievance that though furlough leave of the applicant - accused has already been granted vide order dated 15.02.2019, he was not released on furlough, as reported by the jail authority that the surety had not come to execute the same. However, when today his surety is there, the authority is refusing to release the applicant on furlough leave on the ground that there is Model Code of Conduct implemented in Page 1 of 2 R/SCR.A/2835/2019 ORDER the State of Gujarat, and therefore, the prisoners are not to be released on parole or furlough. However, there is no guideline, which prohibits the release of prisoners on parole or furlough. It is only on condition that before releasing them on parole or furlough, permission of the Election Commission is to be obtained. To avoid the liability of obtaining permission for the prisoners, the authority is denying to release the convict prisoner on furlough, which was already ordered way back on 15.02.2019 where no Model Code of Conduct was ever existing. The legitimate furlough, which is already ordered by the authority, has to be implemented, by obtaining whatever necessary permissions they have to obtain, latest by 25.03.2019.
3. With this permission, the petition is disposed of.
4. The copy of this order be provided to the learned Additional Public Prosecutor for onward communication to the concerned authority immediately.
(UMESH A. TRIVEDI, J.) siji Page 2 of 2