Gujarat High Court
Farjit vs State on 15 June, 2011
Author: K.M.Thaker
Bench: K.M.Thaker
Gujarat High Court Case Information System
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SCR.A/1356/2011 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1356 of 2011
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FARJIT
@ FIROJ INDUBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
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Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR LB DABHI APP for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 15/06/2011
ORAL ORDER
The applicant has preferred present application with reference to the order dated 27.4.2011 passed by the competent authority rejecting his application for parole leave.
2. The applicant has made grievance that actually, he had submitted application for parole leave to go and help his wife to make necessary financial arrangements for the day today life of the family, however, the said application has been rejected by the competent authority by treating the application as if the applicant was seeking leave to prefer appeal in the Hon'ble Apex Court. The applicant has made grievance that he has not submitted any application on such ground.
3. The applicant has also alleged that the competent authority has made reference of some application dated 22.12.2011 i.e. the date which has yet not arrived.
4. Prima facie, there appears some substance in the application and grievance made by the applicant. However, only with an idea that application, if any, should be first considered by the jail authority and then by the competent authority, this Court does not consider it appropriate to pass any final order either granting or rejecting applicant's request for parole leave. Instead, in the facts of the case, it appears appropriate to remit the matter to the competent authority for proper consideration of applicant's application seeking parole leave. It is directed that the application may be considered with due application of mind, particularly to the reasons stated in support of the request. On perusal of the order dated 27.4.2011, it, prima facie, appears that either some inadvertent mistake has occurred or application has been rejected without application of mind.
5. It seems that the applicant has made application dated 17.3.2011 and the reasons cited by him is to go and help his family to make necessary financial arrangement.
6. The competent authority shall consider the said application as expeditiously as possible and take necessary decision in accordance with applicable rules within 10 days from the date of receipt of this order.
With the aforesaid observations, the application stands disposed of.
[ K.M.Thaker, J. ] kdc Top