Gujarat High Court
Sugam @ Monty Harishankar Jaiswal vs State Of Gujarat & 2 on 9 October, 2014
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/4266/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 4266 of 2014
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SUGAM @ MONTY HARISHANKAR JAISWAL....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant(s) No. 1
MR NJ SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 09/10/2014
ORAL ORDER
[1] RULE. Mr.N. J. Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
[2] The present petition has been filed by the applicant - convict, who is present in the Court praying to release him on parole leave on the ground of sickness of his father. The party-in-person, convict states that he has been released on parole leave and he has to surrender to the Jail Authority today itself. He further states that he shall surrender to the Jail Authority, today i.e. on 09.10.2014.
[3] Heard party-in-person who is present in the Court and learned Additional Public Prosecutor appearing for the respondent- State and I have gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Sections 66(1)(b), 85(1)(3), 323, 34, 328, 342, 376(2)(g) etc. of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about ten years and two months. From the jail record, it appears that whenever the convict was released on parole / Page 1 of 2 R/SCR.A/4266/2014 ORDER furlough leave / temporary bail, he surrendered in time. It also appears from the jail record that his jail conduct is good.
[4] Considering the aforesaid facts and circumstances of the case and the sentence undergone by the convict, I am of the opinion that the application requires consideration. Hence, the present application is partly allowed. The applicant - convict is ordered to be released on parole leave for a period of three weeks from 11th October 2014 on usual terms and conditions. The convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly. Direct service is permitted, today.
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