Gujarat High Court
Mohanbhai vs State on 31 May, 2011
Author: B.M.Trivedi
Bench: B.M.Trivedi
Gujarat High Court Case Information System
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R/SCR.A/1304/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No 1304 of 2011
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MOHANBHAI
MAHASUKHBHAI NAYAK....Applicant(s)
Versus
STATE
OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH
JAIL for the PETITIONER(s) No. 1
MR
JK SHAH, LD. ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No.1
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CORAM:
HONOURABLE
MS.JUSTICE B.M.TRIVEDI
Date : 31/05/2011
ORAL ORDER
Rule. Mr.J.K. Shah, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent No.1-State.
The present application has been moved by the petitioner seeking his release on parole for a period of 30 days on the ground that he is required to file appeal before the Supreme Court against the order passed by the High Court.
It appears from the report of the Jail Authority, Vadodara that the petitioner is convicted for the offence under Section 376 of the Indian Penal Code by the Sessions Court, Godhra, against which the petitioner had preferred the appeal before the High Court, which has been dismissed by this Court on 04th October, 2010. It also appears from the said report that earlier the petitioner has granted furlough, however, he did not report to the Jail Authority as directed and was arrested by the police after 364 days. It further appears that the application of the petitioner was also rejected by the Collector, Vadodara on the basis of the adverse police report given by the Superintendent of Police, Panchmahal, Godhra.
Having regard to the said report of the Jail Authority and the order of the Collector, the petitioner cannot be permitted to be released on parole as prayed for by him. In that view of the matter, present application deserves to be dismissed and is accordingly dismissed. Rule is discharged.
(BELA TRIVEDI, J) Anup Page 2 of 2 Top