HARIJAN JIVRAJBHAI BADHABHAI v. STATE OF GUJARAT

Date : 29/12/2016 ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent.

2. By way of this petition, applicant has prayed to release him on parole leave on the ground of providing financial assistance to his family.

3. Learned Additional Public Prosecutor appearing for the respondents has opposed this petition and produced jail record of the convict.

4. I have heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent. I have gone through the jail record of the convict. It appears from the jail record that the convict has been sentenced R/SCR.A/10032/2016 ORDER mainly for the offence punishable under Section 302 of the Indian Penal Code and sentenced for life. It appears that the convict has undergone sentence of about 14 years. Jail Record suggests that whenever the applicant was released on temporary bail, he had surrendered in time and his jail conduct is found to be good.

5. In the peculiar facts and circumstances of the case, the petition deserves consideration. The convict shall be released on parole leave for a period of two weeks, from the date of his actual release, on usual terms and conditions. The convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent. Direct service is permitted. (A.J.DESAI, J.) Tausif