Gujarat High Court
Faridbhai vs State on 27 June, 2008
Author: Md Shah
Bench: Md Shah
Gujarat High Court Case Information System
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SCR.A/1218/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1218 of
2008
=========================================================
FARIDBHAI
GULAMBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,
MR AJ DESAI ASST. PUBLIC PROSECUTOR for
Respondent.
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 27/06/2008
ORAL
ORDER
Rule.
Mr. Desai, learned AGP waives the service of rule on behalf of respondents.
1. By way of this petition through jail, the petitioner-convict has prayed to release him on parole leave for a period of thirty days..
2. Heard.
I have perused the relevant record. The convict is sentenced to undergo imprisonment for life for the offence punishable under Section 302 of the I.P.C.. The convict has been in jail for about six years. From the record it transpires that the appeal preferred by the convict against the judgment and order of his conviction being Criminal Appeal No.601 of 2001 is dismissed by this Court on 01.04.2008. Hence, the convict has preferred the present petition seeking his release so as to enable him to approach the Hon'ble Apex Court. So far the convict has enjoyed interim bail nine times and furlough leave three times and on all the occasions he surrendered in time. The jail conduct of the convict is also good. Taking into consideration the aforesaid facts, the petition deserves to be allowed partly.
3. In the result, the petition is partly allowed. The petitioner will be released on parole leave on his personal bond in the sum of Rs.2,000/- for a period of FIFTEEN DAYS only, from the date of his release. It is made clear that on completion of the aforesaid period, the petitioner will surrender before the Jail Authority immediately. Rule is made absolute to the aforesaid extent.
(M.D. Shah,J.) Umesh/ Top