Gujarat High Court
Husenbanu vs State on 28 July, 2009
Author: D.H.Waghela
Bench: D.H.Waghela
SCR.A/81420/2008 1/ 1 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 814 of 2008 ========================================= HUSENBANU ISMILE ABDUL HAKIM WD/O ISMILE ABDUL HAKIM - Applicant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================= Appearance : MRS MADHUBEN SHARMA for Applicant MS TRUSHA PATEL,A.P.P. for Respondents ========================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 28/07/2009 ORAL ORDER
Invoking Articles 14, 21 and 226 of the Constitution as also Bombay Parole and Furlough Rules, petitioner has sought return of the amount of security deposit, which was admittedly forfeited on account of the convicted prisoner not returning to jail in time. The petitioner is, in fact, widow of the surety. It was vehemently argued by learned counsel Ms. Joshi that, in the peculiar facts and circumstances, a sympathetic view was required to be taken even as there was no legal provision under which the amount could be returned or refunded to the petitioner. Learned A.P.P. also submitted that the prisoner having committed default in returning to jail, the amount of Rs. 50,000/- was liable to be forfeited in terms of the bond executed by the surety.
Under the circumstances, the relief, as prayed in the petition, could not be granted. Accordingly the petition is dismissed and Rule is discharged with no order as to costs.
(D.H.Waghela,J.) Jyoti