Tariksha Abdulsha Shahmadar vs State Of Gujarat

Hemant M. Prachchhak, J

RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.

The present application has been filed by the applicant through jail praying to release him on parole leave for a period of 15 days on the ground of attending the marriage ceremony of his own son.

Heard learned Additional Public Prosecutor for the respondent - State. Learned Additional Public Prosecutor for the respondent - State has opposed such prayer.

This Court has considered the averments made in the memo of application and 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 of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about 10 years and 9 months. From the jail record, it appears that whenever the convict was released on parole leave, he surrendered in time. It also appears from the jail record that his jail conduct is good.

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 seven days from the date of his actual release on usual terms and conditions. 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.

Registry to communicate this order through Fax to the concerned Jail Authority.