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Gujarat High Court

Amit @ Raju Hemantbhai Makwana Thro' ... vs State Of Gujarat & 2 on 13 November, 2014

Author: A.J.Desai

Bench: A.J.Desai

           R/SCR.A/4826/2014                                     ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 4826 of 2014

================================================================
     AMIT @ RAJU HEMANTBHAI MAKWANA THRO' DIMPLE AMIT
                    MAKWANA....Applicant
                          Versus
             STATE OF GUJARAT & 2....Respondents
================================================================
Appearance:
PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant.
MS MD MEHTA, LD.ADDL.PUBLIC PROSECUTOR for the Respondent No. 1
================================================================

           CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                Date : 13/11/2014


                                  ORAL ORDER

1. Rule. Ms.M.D.Mehta, learned Additional Public Prosecutor waives service of Rule on behalf of the respondents.

2. By way of this petition, party-in-person - wife of the convict has prayed to release her husband on parole leave on the ground of sickness of father of the convict.

3. Ms.Mehta, learned Additional Public Prosecutor has opposed this petition and produced jail record of the convict.

4. I have heard party-in-person and learned Additional Public Prosecutor for the respondents. I have gone through the jail record of the convict. It appears from the jail record Page 1 of 2 R/SCR.A/4826/2014 ORDER that the convict has been convicted mainly for the offence punishable under Section 302 of the Indian Penal Code and sentenced for life. It appears that the convict has undergone sentence of about 2 years and 10 months and his jail conduct is found to be good.

5. In the peculiar facts and circumstances of the case, the petition deserves consideration. The convict shall be released on parole leave for a period of two weeks, from the date of his actual release, on usual terms and conditions. The convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.

Direct service is permitted today.

[A.J.DESAI,J.] *dipti Page 2 of 2