Gujarat High Court
Khodabhai vs State on 28 May, 2008
Author: Rajesh H.Shukla
Bench: R.H.Shukla
Gujarat High Court Case Information System
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SCR.A/1040/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1040 of 2008
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KHODABHAI
BABABHAI BHANGI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
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Appearance :
MR
SL VAISHYA for Applicant(s) : 1,
PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 28/05/2008
ORAL
ORDER
The present petition has been filed by the petitioner, seeking direction to the Jail Authorities for releasing his on parole or furlough.
The convict ? prisoner has been convicted for the offence under Section 302, 120(b) and 34 of Indian Penal Code by the judgment and order dated 8.10.2007 passed by the Additional Sessions Judge, Fast Track Court, Patan in Sessions Case No.92/2006 and sentenced to imprisonment for life. Though, in the title, the matter refers to the Prisoner's Act, and Bombay Parole and Furlough Act, in the body it refers to temporary bail for 30 days. Again in the prayer clause, it is corrected as Parole and Forlough Act. As the appeal has not been filed, this Court cannot entertain the present application. Learned advocate has therefore submitted today an application dated 26.5.2008, filed before the Jail Superintendent for the same reason for grant of parole and furlough.
As the Court was not inclined, learned advocate Mr.S.L.Vaishya seeks permission to withdraw the present application. Permission is granted. The present petition stands disposed of as withdrawn unconditionally.
[R.H.SHUKLA, J.] binoy* Top