Gujarat High Court
Firoz Habibbhai Sanghi vs State Of on 17 January, 2013
Author: A.J.Desai
Bench: A.J.Desai
FIROZ HABIBBHAI SANGHI....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/SCR.A/92/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 92 of 2013 ================================================================ FIROZ HABIBBHAI SANGHI....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance: MR DD CHUDASAMA, ADVOCATE for the Applicant(s) No. 1 Mrs. Hansa Punani, APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 17/01/2013 ORAL ORDER
Heard, learned Advocate appearing for the petitioner. Amendment to be carried out forthwith.
Rule.
Learned APP Ms. Hansa Punani wavies service of Rule on behalf of the Respondent.
3. By way of the present application, the convict has prayed for releasing him on parole leave on the ground of sickness of his father. It appears from the order dated 01.01.2013 passed by the District Magistrate, Rajkot, that the petitioner was released for 4 days on parole leave on the same ground i.e. sickness of his father. Pursuant to the order passed by the District Magistrate, Rajkot, the petitioner was released on parole leave for 4 days and surrendered before the jail Authority on expiry of the period on 11.01.2013. Today, Mr. D.D.Chudasama, learned Advocate appearing for the petitioner placed a certificate issued by Civil Hospital of Rajkot. It appears from the said certificate that the Orthopaedic Surgeon has certified that Habubhai Sulamanbhai is suffering from Osteoarthritis knee required total knee replacement who is father of the convict-petitioner. I have also gone through the jail record of the petitioner. It appears that the petitioner was convicted for the offences under Sections 302 and 397 of the Indian Penal Code and was sentenced for life. He has undergone sentence of about 12 years and 9 months. It also appears from the jail record of the petitioner that whenever, he was released on temporary bail or parole leave, he has surrendered in time before the Jail Authority and the jail conduct of the convict is found to be good.
4. Considering the overall aforesaid facts, the present application requires for consideration. Hence, the same is allowed. The petitioner-convict shall be released on parole leave for a period of 4 weeks from the date of his actual release on usual terms and conditions. Rule is made absolute. Direct Service is permitted.
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