Gujarat High Court
Sugam @ Monty Aharishankar Jaiswal Thro ... vs State Of Gujarat & on 15 May, 2013
Author: A.J.Desai
Bench: A.J.Desai
SUGAM @ MONTY AHARISHANKAR JAISWAL THRO SIMABEN HARISHANKAR JAISWAL....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/1544/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 1544 of 2013 ================================================================ SUGAM @ MONTY AHARISHANKAR JAISWAL THRO SIMABEN HARISHANKAR JAISWAL....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant(s) No. 1 MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 15/05/2013 ORAL ORDER
1.0 Rule.
Ms. Jirga Jhaveri, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondents.
2.0 By way of present petition, the petitioner-party-in-person, viz., Seemaben Harishankar Jaiswal who is mother of the convict-Sugam@ Monty Harishankar Jaiswal has prayed to release her convict son on parole leave so that he can attend two marriages of his cousins which are fixed on 17.05.2013 and 21.05.2013. In support of petition, two invitation cards of marriages are annexed.
3.0 I have gone through the petition as well as jail record of the convict. It appears that the son the petitioner-party-in-person has been convicted for the offence punishable under Sections 66(1)(b), 85(1)(3), 323 read with Section 34, 328, 342, 376(2)(g) of the Indian Penal Code and sentenced to undergo life imprisonment. It appears that the convict has undergone sentence of about 9 years. It also appears from the jail record that whenever the convict was released on furlough leave granted by the concerned jail authority, he had surrendered in time and his jail conduct is found to be good.
4.0 Considering the overall facts and circumstances of the case, I am of the opinion that the petition requires consideration and the same is accordingly allowed. The convict-Sugam@Monty Harishankar Jaiswal is ordered to be released on parole leave for a period of three weeks from the date of his actual release, on usual terms and conditions which may be imposed by the jail authority. Rule is made absolute to the aforesaid extent. Direct service is permitted today.
(A.J.DESAI, J.) niru* Page 3 of 3