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SCR.A/1796/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1796 of 2008
=========================================================
CHAKA
@ SAVJI BHANABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Petitioner(s) : 1,
MR. DIPAN DESAI, ASSISTANT PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 11/09/2008
ORAL
ORDER
This
application has been preferred through jail, by the convict
petitioner, with a prayer to release him on parole, for a period of
45 days, on the ground of repairing his house.
Mr.
Dipan Desai, learned APP has drawn the attention of this Court, to
the record of the jail authorities, and has submitted that the
petitioner remained absconding for a period of 5772 days at a
stretch, from the year 1990 to 2005, when he was released on
furlough for a period of 14 days. Instead of surrendering after the
period of 14 days, the petitioner remained absconding for 5772 days,
until he was brought back by the police, and therefore, the District
Magistrate, has expressed an adverse opinion, regarding his release
on parole.
I
have heard Mr. Dipan Desai, learned APP, and have perused the
averments made in the application as well as the documents on
record. It is evident that the petitioner has abused the liberty of
furlough granted to him, and has remained absconding for a period
5772 days at a stretch, from the year 1990-2005. It was only, when
he was apprehended by the police authorities, that he was brought
back and lodged in jail. In such a situation, and in the above
facts and circumstances of the present case, in my view, it would
not be prudent to grant the prayer made by the petitioner.
The
petition is, therefore, dismissed.
(Smt.
Abhilasha Kumari,J)
Jayanti*
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