IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3331 of 2017
BHIKHUBHAI KASAMBHAI BABAR….Applicant(s)
STATE OF GUJARAT 2….Respondent(s)
THROUGH JAIL for the Applicant(s) No. 1
MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 11/05/2017
1. Rule. Mr.J.K. Shah, learned Additional Public
Prosecutor waives service of notices of Rule on behalf
of the respondents.
2. By way of this petition, the petitioner convict
has prayed to release him on parole leave on the
ground of operation of his daughter.
3. Mr.J.K. Shah, learned Additional Public
Prosecutor has opposed this petition.
4. I have heard learned Additional Public Prosecutor
for the respondents and perused the averments made in
the petition. I have gone through the jail record of
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the convict. It appears from the jail record that the
convict has been sentenced for the offences punishable
under Sections 302 and 498A of the Indian Penal Code
and sentenced for life. The petitioner convict has
already undergone sentence of about 9 years, 3 months
and 18 days. Jail Record suggests that whenever the
convict was released on temporary bail/furlough leave/
parole leave, he had surrendered on time and his jail
conduct is found to be good.
5. In the peculiar facts and circumstances of the
case, the petition deserves consideration. The
petitioner convict shall be released on parole
leave for a period of seven days, from the date of
his actual release, on usual terms and conditions. The
petitioner convict shall surrender before Jail
Authority on completion of parole leave, without fail.
Rule is made absolute to the aforesaid extent.
6. Registry is directed to send writ of this order
to the concerned Jail authority forthwith.
(A. S. SUPEHIA, J.)
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