Gujarat High Court
Chaka@Savji Bhanabhai vs State Of Gujarat & 2 on 5 May, 2016
Author: R.P.Dholaria
Bench: R.P.Dholaria
R/SCR.A/2998/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2998 of 2016
==========================================================
CHAKA@SAVJI BHANABHAI....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 05/05/2016
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondents.
2. By way of this petition, the applicant - convict has prayed to release him on parole leave on the ground of looking after his children as he preferred such application before the competent authority and the same was rejected by the competent authority assigning the reason that he was previously granted such leave.
3. Learned Additional Public Prosecutor has opposed this petition.
4. I have heard learned Additional Public Prosecutor for the respondents and perused the averments made in the Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat May 07 07:06:18 IST 2016 R/SCR.A/2998/2016 ORDER petition. I have gone through the jail record of the convict. It appears from the jail record that the convict has been sentenced mainly for the offence punishable under Section 302 the Indian Penal Code and sentenced for life. It appears that the convict has undergone sentence of about 18 years and 8 months. Jail Record suggests that whenever the convict was released on temporary bail/furlough leave/ parole leave, he had surrendered in time and his jail conduct is found to be good.
5. In the peculiar facts and circumstances of the case, the petition deserves consideration. Accordingly, the present petition is allowed. The applicant - convict shall be released on parole leave for a period of 30 days, from the date of his actual release, on usual terms and conditions. The applicant - convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
6. Further, this Court deem it fit proper to direct the competent authority to consider the application of the applicant-convict for granting remission under Section 433-A of the Code of Criminal Procedure, as he has already completed 14 years of sentence, on its own merits preferably within a period of two months from the date of receipt of copy of this order.
7. Registry is directed to send writ of this order to the concerned Jail authority forthwith.
(R.P.DHOLARIA,J.)
Page 2 of 3
HC-NIC Page 2 of 3 Created On Sat May 07 07:06:18 IST 2016
R/SCR.A/2998/2016 ORDER
Ashish Tripathi
Page 3 of 3
HC-NIC Page 3 of 3 Created On Sat May 07 07:06:18 IST 2016