Gujarat High Court
Javedkhan Ajizkhan Pathan vs State Of Gujarat & on 8 January, 2013
Author: A.J.Desai
Bench: A.J.Desai
JAVEDKHAN AJIZKHAN PATHAN....Applicant(s)V/SSTATE OF GUJARAT R/CR.MA/208/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR DIRECTION) NO. 208 of 2013 In SPECIAL CRIMINAL APPLICATION NO. 3311 of 2012 ================================================================ JAVEDKHAN AJIZKHAN PATHAN....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: PARTY-IN-PERSON, ADVOCATE for the Applicant(s) No. 1 MRS.HANSA PUNANI, APP for the Respondents. ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 08/01/2013 ORAL ORDER
1. By way of the present petition, the convict has prayed for extension of parole leave, which has been granted by this Court by order dated 03.12.2012 passed in Special Criminal Application No.3311 of 2012 on the ground of sickness of his wife.
2. It is the case of the petitioner that after getting parole leave, he could manage the funds for knee operation of his wife, which is now fixed on 03.01.2013. In support of his application, he has produced a certificate issued by Dr.A.G.Memon (M.S.) Orthopaedic Surgeon & Traumatologist, Bony Hospital, Ahmedabad.
3. I have considered the application as well as jail record of the convict. It appears that the petitioner is convicted for the offences punishable under Sections 302 and 120-B of the Indian Penal Code and under Section 25(1)(c), 27 of the Arms Act and 5 of the TADA Act and sentenced for life. He has undergone sentence for about 20 years and 3 months. It also appears that whenever he was released on temporary bail or furlough/parole leave, he had surrendered in time.
4. Considering the overall facts and circumstances of the case, the application requires consideration. Hence, the same is allowed. The period of parole leave, which has been granted earlier by this Court, is hereby extended for a further period of three weeks on usual terms and conditions. The petitioner-convict shall surrender before the Jail Authority immediately after the aforesaid extended parole leave is over.
5. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) Ashish Tripathi Page 2 of 2