Gujarat High Court
Mohammad Umar Majid Ahemad @ Mohammad ... vs State Of Gujarat & on 25 March, 2013
Author: A.J.Desai
Bench: A.J.Desai
MOHAMMAD UMAR MAJID AHEMAD @ MOHAMMAD FIGHTER @ MOHAMMAD....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/855/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 855 of 2013 ================================================================ MOHAMMAD UMAR MAJID AHEMAD @ MOHAMMAD FIGHTER @ MOHAMMAD....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: PARTY-IN-PERSON, ADVOCATE for the Applicant(s) No. 1 MR KP RAVAL JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 25/03/2013 ORAL ORDER
1. Rule.
Mr. KP Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State.
By way of present petition, the party-in-person who is convict and is on parole leave for 15 days (from 12.03.2013 to 25.03.2013) has prayed to release/grant him parole leave on the ground of his own sickness as well as sickness of his wife. In support of his petition, he annexed certificate issued by Dr. Dharmendra N. Gajjar who is Orthopaedic Surgeon as well as certificate which suggests that wife of the petitioner-party-in-person has to undergo Knee replacement operation. He has also produced certificate of Dr. Paresh Shah(M.D.), Consultant Physician and Cardiologist of Ahmedabad which suggests that the party-in-person requires hospitalization and complete bedrest for four weeks.
I have gone through the petition as well as jail record/papers of the party-in-person convict. From the record, it appears that the party-in-person convict has been convicted for the offence punishable under Sections 302 read with Section 120B of Indian Penal Code and sentenced for life imprisonment. It appears that the party-in-person convict has already undergone sentence of about 12 years and one month and he had surrendered in time. No untoward incident has been reported against him while he was released on parole leave/furlough leave on number of occasions.
4. Considering the overall facts and circumstances of the case, I am of the opinion that the petition requires consideration and the same is allowed. The petitioner-party-in-person convict is ordered to be released on parole leave for a period of four weeks from the date of his actual release. Since the petitioner is released on furlough leave he has to surrender before the concerned jail authority on 26.03.2013. After he surrenders before the jail authority on 26.03.2013, he shall be released on parole leave as per usual terms and condition. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) niru* Page 3 of 3