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Judgment
Nisha M. Thakore, J
Rule returnable forthwith. Mr. Patel, learned APP waives service of notice of rule on behalf of the respondent-State of Gujarat.
This is an application filed by the applicant seeking parole leave for a period of 30 days on the ground of treatment of his mother, who is suffering from cardiac problem.
Heard learned advocate appearing for the applicant and learned APP appearing for the respondent-State and perused the jail remarks.
At the outset, Ms. Chauhan, learned advocate for the applicant has invited my attention to the order dated 8th May, 2024 passed by this Court in Special Criminal Application (Parole leave) no.5737 of 2024 and Special Criminal Application (Parole leave) no.5731 of 2024 releasing the present applicant on parole leave for the period of 10 days from the date of his actual release subject to the usual terms and conditions. Learned advocate for the applicant has referred to the averments made in the application and has prayed for release of the present applicant on parole leave.
Mr. Patel, learned APP for the respondent – State has placed on record the jail remarks and has submitted that the present applicant is facing conviction in 09 cases arising out of Section 138 of the Negotiable Instruments Act. Mr. Patel, learned APP has fairly pointed-out that the order relied upon is in case of two of such criminal cases, where the applicant was convicted.
Considering the submissions made by learned advocates appearing for the respective parties and perusing the jail remarks, I am of the opinion that the present application requires consideration and accordingly, the same is partly allowed. The applicant is ordered to be released on parole leave for a period of 10 days from the date of his actual release on usual terms and conditions. The applicant shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the applicant shall not abuse the liberty granted to him 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. Direct service permitted.a