Indian Penal Code, and also under
Sec.3 [2][3] of TADA Act , on 20-04-1993. Advocate
Shri Piratwad
ig states that since then ... neither released on
bail any time till now nor on parole or furlough.
If the Writ Petition is allowed, this would be the
first occasion
ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 4093 of 2014
================================================================
MUSHRAFKHAN GOREKHAN PATHAN....Applicant(s)
Versus
STATE ... judgment and order dated 21.10.2002 passed in TADA
Case No. 144 of 1993 to release him on parole leave on the ground of
sickness
respondent
No.2 by which regular parole was refused to the petitioner. He had
prayed for regular parole on the ground of sickness ... parole, only the offences for which the
conviction given can be considered. As he is not convicted for any
offences under the provisions of TADA
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 ... 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
Terrorist and
Disruptive Activities (Prevention) Act, 1987 (for short " TADA Act ")
and Section 120-B of Indian Penal Code ( IPC ), is taking exception ... parole and furlough rules and conditions.
8. Per contra, learned APP invited our attention to the rules
framed under The Prisons (Bombay Furlough and Parole
view
of the same, the petitioner deserves to be released on parole for a period of
four weeks.
Having heard learned counsel ... reason to
accept the prayer of the petitioner. The ground on which parole is being
sought is the marriage of the nephew (brother
Bombay Parole and Furlough
Rules, 1959, the petitioner who is undergoing life imprisonment
imposed on him by the learned Special Designated Court (TADA) in Case
bomb
blast case, nevertheless as and when he was
released on furlough / parole, he has
reported back to the jail on his own within
time ... under the Terrorist and Disruptive Activities
[Prevention] Act, 1987 [for short 'TADA'].
He invites our attention to the contents of
the letter written
judicial custody for a period of about 33 years
(including remission), parole was granted for a period of three weeks on
Signature Not Verified
Digitally ... procedures, the extension of parole has been
sought.
4. Ld. ASC for the State has objected to the grant of parole considering
that the petitioner
respondent-State.
2. This application is preferred through jail seeking parole leave
on the ground of performing after death rituals of his brother.
3. Heard ... under TADA
Act .
(B) Ground is not sufficient.
(C) As many as three co-accused are already on parole.
(D) Application for the purpose
