Gujarat High Court
Shabbirhussain Hussainmiya Sheikh vs State Of Gujarat & on 13 August, 2013
Author: S.G.Shah
Bench: S.G.Shah
SHABBIRHUSSAIN HUSSAINMIYA SHEIKH....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/2403/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2403 of 2013 ================================================================ SHABBIRHUSSAIN HUSSAINMIYA SHEIKH....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: MS SUBHADRA G PATEL, ADVOCATE for the Applicant(s) No. 1 Ms. Jhaveri Addl.PUBLIC PROSECUTOR for the Respondent(s) No. 1 RULE NOT RECD BACK for the Respondent(s) No. 2 - 3 ================================================================ CORAM: HONOURABLE MR.JUSTICE S.G.SHAH Date : 13/08/2013 ORAL ORDER
1. Rule.
Ms Jhaveri waives service of rule for respondent-State.
2. The petitioner who is undergoing rigorous imprisonment for life for committing offences under section 302 IPC as well as under the TADA Act has applied for grant of parole.
3. Considering the facts and circumstances of the case as also the certificate dated 7th August 2013, the petitioner has to manage admission fees of his daughter Shaikh Misbanbanu Shbbirhussai who is student of Ahmedabad Institute of Medical Sciences. In order to arrange fees for his daughter it would be appropriate to direct the respondent authorities to release him on parole for 15 days on usual terms and conditions. As the fees is a huge sum of amount and would take lot of time to arrange for , it would be appropriate to grant parole for 15 days to the petitioner. Thereby, the respondent shall pass appropriate order with an additional condition that petitioner shall mark his presence on every 4th day before the concerned police station. With such condition, petitioner is granted parole for 15 days from the date of actual release. Accordingly, the petition is partly allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(S.G.SHAH, J.) mary Page 2 of 2