Mumtaz Salim Darbar vs State Of Gujarat & 2 on 20 July, 2015

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Gujarat High Court

Mumtaz Salim Darbar vs State Of Gujarat & 2 on 20 July, 2015

Bench: Harsha Devani

       R/SCR.A/4317/2015                                    ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO.4317 of
                        2015

=============================================
               MUMTAZ SALIM DARBAR....Petitioner(s)
                             Versus
              STATE OF GUJARAT & 2....Respondent(s)
=============================================
Appearance:
MR PAWAN A BAROT, ADVOCATE for the Petitioner(s) No.1
MS JIRGA JHAVERI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No.1
=============================================

       CORAM: HONOURABLE MS. JUSTICE HARSHA DEVANI


                             Date : 20/07/2015


                               ORAL ORDER

1. By this petition, the petitioner seeks to be released on parole for a period of 30 days to enable her to take care of her daughter who has undergone cataract surgery and needs post-operative treatment.

2. Mr. Pawan Barot, learned advocate for the petitioner has invited the attention of the court to the certificate dated 11th July, 2015 issued by the Desai Eye Institute and Research Centre at Vadodara which reveals that the minor daughter of the petitioner has been operated for left eye cataract surgery and, therefore, it is requested that her mother should stay with her for the post-operative care.

3. Ms. Jirga Jhaveri, learned Additional Public Prosecutor has placed on record a report dated 18th July, 2015 Page 1 of 2 R/SCR.A/4317/2015 ORDER of the Deputy Police Commissioner, Vadodara city which reveals that the cause stated in the application is genuine. Under the circumstances, the petition requires consideration.

4. The petition is, therefore, allowed. The petitioner is ordered to be released on parole for a period of three weeks from the date of her actual release on executing a personal bond of Rs.500/- (Rupees five hundred only) before the jail authorities on the usual terms and conditions. The petitioner shall surrender to the jail authority on completion of the parole, without fail. During the period of parole, the petitioner shall not abuse the liberty granted to her and shall maintain law and order. Rule is made absolute accordingly.

Direct Service is permitted.

( Harsha Devani, J. ) hki Page 2 of 2

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