Gujarat High Court
Mo.Taslim @ Kalu Umar vs State Of Gujarat & on 8 March, 2013
Author: A.J.Desai
Bench: A.J.Desai
MO.TASLIM @ KALU UMAR....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/629/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 629 of 2013 ============================================= MO.TASLIM @ KALU UMAR....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ============================================= Appearance: MR JAYENDRA M SHAH, ADVOCATE for the Applicant(s) No. 1 MS HANSA PUNANI LD APP for the Respondent(s) No. 1 ============================================= CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 08/03/2013 ORAL ORDER
1. Rule. Ms. Hansa Punani, learned APP waives service of notice of Rule on behalf of respondent No. 1 State.
2. By way of the present petition, the petitioner convict has prayed for releasing him on parole leave on the ground of marriage of his nephew (son of sister of the convict). It is the say of the petitioner convict that he has already made request to the concerned Authority i.e. The Inspector General (Prisons) for releasing him on parole leave by way of filing application dated 1.3.2013, which is yet not decided by the concerned Authority. The marriage ceremony starts from 10.3.2013 and ends on 16.3.2013.
In view of the urgency, I am taking up this matter for hearing. The petitioner has been convicted for the offences punishable under Section 302, 307 and 120(C) of the IPC, under Section 25(1)(C) of the Arms Act and Section 5 of the Tada Act and sentenced for life imprisonment. He has undergone sentence about 20 years and 6 months. It appears from the jail record that the petitioner was released on 3rd furlough leave from 22.01.2013 to 11.02.2013 by the Inspector General (Prisons), Gujarat State. He has surrendered himself in time before the Jail Authority. His jail conduct is also found to be good.
4. Considering the above facts of the case, I am of the opinion that the present petition requires consideration and the same is allowed. The petitioner convict is hereby ordered to be released on parole leave for a period of three weeks from the date of his actual release on usual terms and conditions.
5. On completion of his release period, the petitioner convict shall surrender himself before the Jail Authority.
Rule is made absolute.
Direct service is permitted.
(A.J.DESAI, J.) *Kazi Page 2 of 2