Shamlabha Toryabha Manek vs State Of Gujarat

Hemant M. Prachchhak, J

[1] RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent - State.

[2] The present application has been filed by the applicant - convict, praying to release him on parole leave on the ground of treatment of his wife who is suffering from paralysis and Chronic Anemia.

[3] Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent – State.

[4] Learned Additional Public Prosecutor for the respondent – State has vehemently opposed in granting the parole leave.

[5] This Court has gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Sections 302 etc. of the Indian Penal Code and sentenced to undergo life imprisonment.

[6] Considering the aforesaid facts and circumstances of the case and the sentence undergone by the convict, this Court is of the opinion that the application requires consideration. Hence, the present application is partly allowed. The applicant - convict is ordered to be released on parole leave for a period of 15 days from the date of his actual release on usual terms and conditions. The convict shall mark his presence once in a week before the concerned police station between 11.00 a.m to 2.00 p.m. The convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly. No further extension will be granted in any circumstances in favour of the applicant convict.

[7] Registry is directed to intimate about this order to the concerned jail authority through fax, email and/or any other suitable electronic mode.