High CourtsSingle Bench(2021) 07 GUJ CK 0042

Hasan Ahemad Charkha @ Lalu Shaikh vs State Of Gujarat

Gujarat High Court · Decided on 22 July 2021

HON’BLE JUDGES
Nikhil S. Kariel, J
RESULT
Allowed
CASE NUMBER
Criminal Misc.Application (For Extension Of Parole Leave) No. 1 Of 2021 In R/Special Criminal Application No. 2446 Of 2021

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Judgment

16 paragraphs · 288 words

Nikhil S. Kariel, J

1.

Heard learned Advocate Ms. M.I. Mansuri for the applicant and learned APP Mr. J.K. Shah for the respondent â€" State.

2.

Rule. Learned APP Mr. J.K. Shah waives service of Rule on behalf of the respondent â€" State.

3.

By way of this application, the applicant seeks extension of parole leave for a period of 30 days granted by this Court vide order dated 17.06.2021.

4.

Learned Advocate Mr. Mansuri relies upon the medical certificate of Civil Hospital, Godhra as well as other certificates annexed to the application

and submits that mother of the applicant requires surgery and whereas on account of hypertension the date of surgery has been postponed and

whereas the applicant had been released on parole leave for the same purpose, this Court may extend the parole leave so that the applicant could take

care of ailing mother.

5.

Having regard to the fact that the applicant has undergone approximately 18 years and 06 months imprisonment as of now and having regard to the

medical certificates annexed to the application, this Court is inclined to allow this application. The parole leave granted by this Court vide order

17.06.2021, is hereby extended for a period of three weeks on the same terms and conditions. The applicant convict shall surrender before Jail

Authority on completion of parole leave, without fail.

6.

Notification under Section 268 of the Criminal Procedure Code shall remain in abeyance during the period when the applicant is released on parole

leave.

7.

With this observations and direction, this application is allowed. Rule is made absolute to the aforesaid extent.

8.

Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.