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SCR.AO/2422/0101 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 242 of 2010
=========================================================
DILUBHAI
HADABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
Mr.L.R.Pujari, APP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 11/02/2010
ORAL
ORDER
By
way of this petition, the petitioner-convict has prayed to release
him on furlough leave.
Heard.
I have perused the relevant record. The convict is sentenced to
undergo imprisonment for life in two cases for the offence
punishable under section 302 of the I.P.C.. From the record it
transpires that the convict had made an application before the
competent Authority claiming similar reliefs which was rejected by
it vide order dated 19-12-2009, on the ground that, on the last
occasion, when the convict was released, he committed offence of
murder and also remained absconding.
Taking
into consideration the aforesaid aspects, I am of the opinion that
the competent Authority has rightly rejected the application of the
convict. However, in view of the fact that the remedy is available
to the convict to apply afresh after a period of six months, it is
directed that if the convict applies afresh for leave, after the
expiry of the aforesaid period, the competent Authority will
consider and decide the same in accordance with law.
In
view of the above direction, this petition stands disposed of.
(M.D.SHAH,J.)
radhan
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