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Judgment
Nisha M. Thakore, J
Rule. Learned APP waives service of notice of rule on behalf of the respondent- State of Gujarat.
This is an application filed by the son of the applicant no.1-convict, who is nephew of applicant no.2-convict seeking parole leave for a period of 25 days on the ground of engagement ceremony of daughter of applicant no.1, who is niece of applicant no.2.
Heard party-in-person and learned APP appearing for the respondent-State.
Learned APP has placed on record the jail remarks of the applicants and had pointed out that applicant no.1 has in past surrendered late.
I have gone through the jail remarks of the applicants-convict and considered the averments made in this application. From the jail record, it transpires that on various occasion the applicants have though surrendered late but have reported back on their own. The applicant no.1 is the real father and her daughter engagement is fixed whereas applicant no.2 is real uncle.
Considering the above aspects as well as assurance given by party-in-person to surrender in time, I am of the opinion that the present application requires consideration and accordingly, the same is partly allowed. The applicants - convict are ordered to be released on parole leave for a period of 7 days from the date of their actual release on usual terms and conditions. The applicants-convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the applicants-convict shall not abuse the liberty granted to them and shall maintain law and order.
Rule is made absolute to the aforesaid extent. Registry is directed to communicate this order to the concerned jail authority by fax or e-mail forthwith.