Gujarat High Court
Shoeb Yusuf Ahmed Kalandar Shekh vs State Of Gujarat on 6 June, 2022
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/SCR.A/4922/2022 ORDER DATED: 06/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4922 of 2022
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SHOEB YUSUF AHMED KALANDAR SHEKH
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 06/06/2022
ORAL ORDER
1. By way of this application, the applicant prays for being released on parole leave for the purpose of providing financial assistance to his family.
2. Perusal of the jail remarks show that the applicant had been convicted for offences punishable under Section 302 of the Indian Penal Code amongst other offence and also under the the provisions of the Indian Railways Act as well as Prevention of Damages to Public Property Act and sentenced to life imprisonment. The present applicant having undergone approximately 18 years of imprisonment till now. Jail remarks also show that the applicant has been released on temporary bail as well as on parole leave on number of occasions and whereas the applicant has except on one occasion where he had surrendered one day late, has always surrendered in time. The jail remarks show that the conduct of the applicant in the jail remarks is not good. It also appears that lastly the applicant had been released on parole leave for a period of 21 days in the month of July 2021.
3. Having considered the jail remarks more particularly the fact that the applicant is in incarceration since last 18 years and also considering the fact Page 1 of 2 Downloaded on : Mon Jun 06 20:43:03 IST 2022 R/SCR.A/4922/2022 ORDER DATED: 06/06/2022 that the applicant had been lastly released approximately before 11 months, this Court is inclined to allow this application. The applicant is directed to be released on parole leave for a period of 15 days from the date of actual release on executing personal bond of Rs.10,000/- (Rupees Ten Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority.
4. The applicant convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
5. Restriction under Section 268 of the Code of Criminal Procedure shall be treated to be kept in abeyance during the period when the applicant is released on parole leave.
Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.
(NIKHIL S. KARIEL,J) NIRU Page 2 of 2 Downloaded on : Mon Jun 06 20:43:03 IST 2022