High CourtsSingle Bench(2024) 06 GUJ CK 0003

Bhoraniya Shoyeb Yusuf Thro Mohammadbhai Yasinbhai Arodiya vs State Of Gujarat & Ors

Gujarat High Court · Decided on 4 June 2024

HON’BLE JUDGES
M. K. Thakker, J
RESULT
Partly Allowed
CASE NUMBER
R/Special Criminal Application (Parole Leave) No. 6311 Of 2024

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Judgment

9 paragraphs · 249 words

M. K. Thakker, J

1.

Rule. Learned APP waives service of notice of Rule on behalf of respondent- State.

2.

By way of present petition, the petitioner has prayed to release him on 30 days of parole leave on the ground of post death ritual of sister.

3.

This Court has gone through the jail record of the petitioner-convict. It appears that the petition has been convicted for the offences punishable under sections 302, 149, 147, 148 of IPC and has been sentenced for life imprisonment along with fine of Rs.2,500/-. He has undergone sentence of about 12 years and 11 months. The applicant-convict was lastly released in the month of November 2013 on temporary bail and June 2023 on furlough leave. Whenever the petitioner-convict was released on leave, he had surrendered on time. His jail record is not found to be good.

4.

Considering the above all facts of the case, this Court is of the opinion that the present petition requires consideration and is partly allowed. The petitioner shall be released on parole leave for a period of 2 weeks from the date of his actual release on usual terms and conditions which may be imposed by jail authority.

5.

The applicant shall surrender before the jail authority on completion of parole leave without fail.

6.

Registry is hereby directed to forward the copy of this order to the concerned Jail Authority, forthwith.

7.

Rule is made absolute to the aforesaid extent.

8.

Direct service is permitted.