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SCR.A/2386/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2386 of 2010
=========================================
ALIBHAI
FAKIRMAMAD DAFER - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MS KRINA CALLA, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/12/2010
ORAL
ORDER
1. Rule.
Ms. Krina Calla, learned
Additional Public Prosecutor waives service of notice of Rule on
behalf of respondent No.1 – State. In the facts and
circumstances of the case and with the consent of learned advocates
appearing on behalf of the respective parties .
2. Present
application has been preferred by the applicant – original
accused – convict Alibhai Fakirmamad Dafer through jail to release
him on parole leave. Considering the fact that earlier when the
applicant was released on furlough leave, he absconded and he
surrendered late by 1130 days, applicant cannot be released on
parole. The application submitted by the applicant for parole leave
is rightly rejected by the District Magistrate, Rajkot by order dated
14/10/2010.
3. Under
the circumstances, present application deserves to be dismissed and
is, accordingly, dismissed. Rule is discharged.
(M.R.
Shah, J.)
*menon
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