Gujarat High Court
Bhavna @ Jamna Madhusudanbhai ... vs State Of Gujarat on 27 June, 2019
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/SCR.A/6801/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 6801 of 2019
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BHAVNA @ JAMNA MADHUSUDANBHAI MAGANBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR LR PUJARI, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 27/06/2019
ORAL ORDER
The prisoner has sought parole leave for the purpose of preferring an appeal against the order of conviction and sentence rendered in Sessions Case No. 141 of 2014 and 45 of 2015 for the offences punishable under Sections 376(2)(C) and 377 of the Indian Penal Code (for short "IPC"). She applied for parole leave with the competent authority under the Prisons (Bombay Furlough and Parole) Rules, 1959, i.e. District Magistrate, Surat, for the purpose which came to be rejected by stating that, on consideration of the details of his nominal role, the application cannot be granted. The order is not a speaking order in absence of such details and the reasons for coming to the conclusion as to how such details prevented the authority considering his application. Thus the impugned order having been passed without application of mind, the matter deserves to be remanded to the said authority with a direction to decide the same by assigning appropriate reasons. Accordingly the impugned order is Page 1 of 2 Downloaded on : Fri Jun 28 04:34:23 IST 2019 R/SCR.A/6801/2019 ORDER quashed and set aside. The competent authority is directed to decide the same afresh with reasons, expeditiously, preferably within two weeks. The petition is disposed of accordingly. Direct service is permitted.
(G.R.UDHWANI, J) syed/ Page 2 of 2 Downloaded on : Fri Jun 28 04:34:23 IST 2019