Gujarat High Court
Siddiq Mohammad Mora Moriya Ghanchi vs State Of Gujarat on 31 July, 2023
NEUTRAL CITATION
R/SCR.A/9254/2023 ORDER DATED: 31/07/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9254 of 2023
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SIDDIQ MOHAMMAD MORA MORIYA GHANCHI
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR. R. C. KODEKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 31/07/2023
ORAL ORDER
1. RULE. Learned APP waives service of notice of Rule on behalf of the respondent-State.
2. The present application has been filed by the applicant- convict through jail praying to release him on long parole leave considering the long incarceration of about 20 years on the ground of discharging the responsibilities towards his family members.
3. Heard learned APP appearing for the respondent-State and I have gone through the jail record of the applicant- convict. Mr. R. C. Kodekar, learned APP has placed on Page 1 of 3 Downloaded on : Sat Sep 16 23:40:37 IST 2023 NEUTRAL CITATION R/SCR.A/9254/2023 ORDER DATED: 31/07/2023 undefined record the report dated 22.04.2023 submitted by Special Investigation Team addressed to the Special Investigation Unit, Gandhinagar. By relying upon the aforesaid report, learned APP has submitted that the bail application of the present application has not been entertained by the Hon'ble Supreme Court. He, therefore, urged this Court to pass an appropriate orders. It appears from the jail record that the applicant-convict was convicted for the offence punishable under Sections 302, 307, 323, 324, 325, 326, 332, 435, 395, 397, 143, 147, 148, 153, 186, 188, 120B and 149 of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about 19 years 05 months and 05 days. From the jail record, it appears that whenever the applicant- convict was released on parole leave, he has surrendered in time. It also appears from the jail record that his jail conduct is good.
4. It has transpired on record that the applicant-convict is convicted in Godhra Riots Case and has been awarded life sentence. The applicant-convict was lastly released in the month of February-2023 for a period of 10 days and Page 2 of 3 Downloaded on : Sat Sep 16 23:40:37 IST 2023 NEUTRAL CITATION R/SCR.A/9254/2023 ORDER DATED: 31/07/2023 undefined thereafter, he has not been released.
5. Considering the aforesaid facts and circumstances of the case and the sentence undergone by the applicant- convict, I am of the opinion that the present 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 30 days from the date of his actual release on usual terms and conditions. The applicant-convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the applicant-convict shall not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly. Registry to communicate this order to the concerned Jail authority by Fax / E-mail.
(NISHA M. THAKORE,J) SSVohra Page 3 of 3 Downloaded on : Sat Sep 16 23:40:37 IST 2023