Gujarat High Court
Dhansukh Bhikharam Kapdi vs State Of Gujarat & 2 on 13 April, 2016
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/SCR.A/2360/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2360 of 2016
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DHANSUKH BHIKHARAM KAPDI....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 13/04/2016
ORAL ORDER
1. Rule. Mr.H.K.Patel, 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 after death ceremony of his mother. In support of this application, he has produced relevant papers which are annexed on record.
3. Learned Additional Public Prosecutor has opposed this petition.
4. I have learned Additional Public Prosecutor for the respondents and perused the averments made in the petition.
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R/SCR.A/2360/2016 ORDER
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 Sections 302, 392, 394 of the Indian Penal Code and Section 135(1) of the G.P. Act and sentenced for life. 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 application deserves consideration. The applicant - convict shall be released on parole leave for a period of 15 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. Registry is directed to send writ of this order to the concerned Jail authority forthwith.
(P.P.BHATT, J.) Ashish Tripathi Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Apr 14 02:23:58 IST 2016