Gujarat High Court
Iqbal Ahmed Vadiwala - Thro' Sarfaraj A ... vs State Of Gujarat & on 17 January, 2013
Author: A.J.Desai
Bench: A.J.Desai
IQBAL AHMED VADIWALA - THRO' SARFARAJ A MEMON....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/90/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 90 of 2013 ================================================================ IQBAL AHMED VADIWALA - THRO' SARFARAJ A MEMON....Applicant Versus STATE OF GUJARAT & 2....Respondents ================================================================ Appearance: MS KD PARMAR, ADVOCATE for the Applicant. MS HANSA PUNANI, APP for the Respondent No. 1. RULE NOT RECD BACK for the Respondent Nos. 2 3. ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 17/01/2013 ORAL ORDER
1. By way of the present petition, the petitioner-convict has prayed to release him on parole leave on the ground of his own sickness since he is suffering from liver cirrhosis. In support of his petition, the Certificate of Metas Adventist Hospital, is produced.
2. In pursuant to the order dated 15/01/2013, learned Additional Public Prosecutor has placed a report received from the Police Inspector of Varaccha Police Station, Surat along with statements of relatives of the convict, recorded by the Police. It was informed by the said Hospital about admitting the convict as well as the Certificate mentioning the sickness of the convict, which is also produced along with the said report.
It appears that the petitioner is convicted for the offences punishable under Sections 302, 307, 325, 324, 153 and 120-B of the Indian Penal Code; Section 3(2)(1), 5, 6 of the TADA Act and Sections 3, 4 & 5 of the Explosive Substances Act and sentenced for life. He has undergone sentence of about 10 years. It appears that he has been enlarged on furlough leave on six occasions and had surrendered in time. At present, he is on furlough leave and has to surrender before the Jail Authority on 17/01/2013 i.e. today.
3. I have considered this application, without directing the petitioner to approach the authority for parole leave, in view of the provisions of Rule 5 of The Prisons (Bombay Furlough and Parole) Rules, 1959, which restricts power of the authority to release a convict on parole leave within a period of six months after his return from furlough leave as well as requirement of medical treatment while going on in the Hospital. Looking to the facts and circumstances of the case, the petition is accepted. The petitioner shall be released on Parole leave from 18/01/2013 for a period of four weeks on usual terms and conditions and on further condition that the petitioner shall execute afresh personal bond of Rs.500/- before the Lajpor Central Jail, Surat. Rule is made absolute accordingly.
Direct service is permitted.
[A.J.DESAI, J.] *dipti Page 2 of 2