High CourtsSingle Bench(2021) 06 GUJ CK 0037

Hamid Jakab Sama vs State Of Gujarat

Gujarat High Court · Decided on 7 June 2021

HON’BLE JUDGES
Nikhil S. Kariel, J
CASE NUMBER
R/Special Criminal Application No. 5119 Of 2021

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Judgment

16 paragraphs · 320 words

Nikhil S. Kariel, J

1.

Rule. Learned Additional Public Prosecutor Ms. Maithili D. Mehta waives service of Rule on behalf of the respondent â€" State. Heard learned

Advocate for the applicant and learned APP for the respondent-State.

2.

By way of this application the applicant prays for being released on parole leave on the ground of providing financial assistance to his family.

3.

I have gone through the Jail record of the applicant as well as considered the averments made in this application. Jail remarks shows that the

applicant had been convicted for the offences punishable under Sections 394, 364-A, 452, 342 and 414 of the Indian Penal Code and sentenced to life

imprisonment. Learned Advocate Mr. Kothari for the applicant submits that the applicant is in prison since last 15 years 11 months and 06 days. Jail

remarks also shows that except for once in the year 2008, the applicant had surrendered in time whenever he had been released. Lastly he has been

released on parole leave from 19.02.2021 to 11.03.2021. His jail conduct is also shown to be good.

4.

Considering the same and considering the reasons mentioned in the application, this Court is inclined to allow this application. The applicant is

directed to be released on parole leave for a period of four weeks from 11.06.2021 to 09.07.2021 on executing personal bond of Rs.10,000/-(Rupees

Ten Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority.

The applicant convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.

After the completion of parole leave, the Jail Authorities shall admit the applicant in jail after strictly following the Circular dated 03.06.2020 relating to

COVID-19 issued by the Superintendent of Jail, Ahmedabad.

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