Gujarat High Court
Iqbal Hussain Abdul Majid Mansuri vs State Of Gujarat & on 7 March, 2013
Author: A.J.Desai
Bench: A.J.Desai
IQBAL HUSSAIN ABDUL MAJID MANSURI....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/336/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 336 of 2013 ================================================================ IQBAL HUSSAIN ABDUL MAJID MANSURI....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: MS SUBHADRA G PATEL, ADVOCATE for the Applicant(s) No. 1 MRS. HANSA PUNANI, APP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2 - 3 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 07/03/2013 ORAL ORDER
1. By way of the present petition, the convict has challenged the order dated 5.2.2013 passed by the Inspector General(Prisons), Gujarat State, by which, the application filed by the petitioner-convict for his eighth furlough leave i.e. 6 to 14 furlough leave on the ground of adverse report received by the Authority from the concerned Police Officer, was dismissed.
2. I have gone through the jail record of the convict. It appears that the petitioner has been convicted for the offences under Sections 302 and 149 of the IPC and Section 3 of the TADA Act and sentenced for life. It appears that he has undergone sentence of about 17 years and 2 months. It is true that the petitioner absconded from his furlough/parole leave in the year 1996, 1997 and 2000 and came to be arrested by the Police, however, he was released on 6th furlough leave by the Authority from 25.12.2012 to 7.01.2013 and at the end of this furlough leave, he had surrendered in time before the Jail Authority. It is not reported that he has been involved in any offence or any untoward incident has been recorded against him.
3. Considering the above aspects, I am of the opinion that the petitioner-convict can be released on parole leave at this stage for his three furlough leave i.e. 7th, 8th and 9th furlough leave on usual terms and conditions. The petitioner-convict shall surrender before the Jail Authority after completion of his furlough leave. If no untoward incident is recorded against the petitioner, his case for rest of the furlough leave shall be considered by the Authority and the petitioner shall be released after a period of four weeks from the date of his surrender.
4. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) Ashish Tripathi Page 3 of 3