Gujarat High Court
Babubhai vs State on 24 June, 2011
Author: K.M.Thaker
Bench: K.M.Thaker
Gujarat High Court Case Information System
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SCR.A/1497/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1497 of
2011
=========================================================
BABUBHAI
UDESING PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR LB DABHI ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 24/06/2011
ORAL
ORDER
Rule.
Mr.Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.
2. The applicant has preferred present application through jail seeking his release on parole leave of 20 days on the ground that he was to prefer appeal before the Apex Court against the judgment rendered by High Court dismissing his appeal.
3. The application has been forwarded by jail authority along with jail record of the applicant and remarks with the applicant's request.
4. Learned APP Mr.Dabhi has vehemently opposed the application and submitted that the applicant can get the appeal filed and that can be done through jail also and in view of the fact that the applicant has been sentenced imprisonment for life and he is undergoing sentence for other serious offences as well, the applicant does not deserve to be released for the reasons urged by him, more so when details regarding his family members who can get the appeal filed are not mentioned.
5. Having regard to the fact that the appeal preferred by the applicant before the High Court came to be dismissed by judgment and order dated 22nd July, 2009 and the applicant has not mentioned any reason for not having preferred appeal from 22nd July, 2009, and has not mentioned as to why any action or step were not and have not been taken by him since the decision and also having regard to the fact that as per the jail record, applicant has been sentenced imprisonment for life for offences under Sections 376, 302 and 201 of Indian Penal Code and also having regard to the fact that the applicant is also undergoing sentence/imprisonment in connection with other five offences mentioned in the jail record viz. for offence under sections 302 and 201 of IPC, for offence under section 452, 366, 376 and 324 of IPC, for offence under sections 302 of IPC as well as for offence under sections 302 of IPC and again for offence under section 302 of IPC. It also shows that the applicant is involved in five offences, out of which four cases pertain to section 302 of Indian Penal Code, which shows the serious criminal antecedents of the convict applicant and therefore, learned APP is justified in opposing the application. Furthermore, any details regarding any family members of the applicant are not mentioned, and hence it is not possible to ascertain as to whether there is any other family members or not, and since any reason as to why appeal has not been filed since July, 2009 or any step for filing appeal has yet not been taken during the period from 22.07.2009, the application does not deserve to be entertained. The applicant can make necessary arrangement for getting appeal filed through jail and/or through his family members. Therefore, application stands rejected. Rule is discharged.
(K.M.THAKER, J.) Amit Top