High CourtsSingle Bench(2023) 05 GUJ CK 0064

Tanveerhusein @ Kalu S/O Taksirhusein Mohammedsalim Alvi Saiyed vs State Of Gujarat

Gujarat High Court · Decided on 17 May 2023

HON’BLE JUDGES
M. R. Mengdey, J
RESULT
Allowed
CASE NUMBER
R/Special Criminal Application No. 6049 Of 2023

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Judgment

8 paragraphs · 309 words

M. R. Mengdey, J

1.

The present application is filed by the Applicant convict seeking Parole leave.

2.

Rule returnable forthwith. Learned APP waives service of Rule on behalf of the Respondent State.

3.

Learned advocate for the applicant submits that the present application is filed seeking parole leave on the ground of filing an appeal against the order of conviction. It is further submitted that the applicant is in jail since 2020 for the offences under Section 8(C), 20(B) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. While showing jail report, learned advocate for the applicant submits that the Applicant convict is reported to be good. Therefore, it is prayed to grant Parole leave on the ground mentioned in the Application.

4.

Learned APP has fairly submitted that the applicant is in jail since last more than two years and has therefore prayed for Parole Leave on the ground of filing an appeal against the order of conviction, and therefore, appropriate orders may be passed.

5.

Having heard the arguments advanced by the learned APP, and considering the facts and circumstance of the case, this court is inclined to exercise discretion in favour of the applicant.

6.

The application is allowed. The Applicant - TANVEERHUSEIN @ KALU S/O TAKSIRHUSEIN MOHAMMEDSALIM ALVI SAIYED is ordered to be released on Parole for a period of 10 days from the date of his actual release, upon furnishing a personal bond of Rs. 5,000/-(Rupees Five Thousand only) with a surety of the like amount to the satisfaction of the jail authority, and on a further condition that the Applicant shall surrender to the Jail authorities on expiry of the Parole period.

7.

The application is allowed in the aforesaid terms. Rule is made absolute. Registry is directed to communicate this order to the concerned jail authorities by fax / e-mail.