Gujarat High Court High Court

Appearance: vs Mr Nd Gohil on 13 December, 2010

Gujarat High Court
Appearance: vs Mr Nd Gohil on 13 December, 2010
Author: M.S.Parikh,&Nbsp;
     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     SPECIAL CRIMINAL APPLICATION No 146 of 1997




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     ZAKIRHUSEIN ANVARHUSEIN SHAIKH
Versus
     STATE OF GUJARAT
     --------------------------------------------------------------
     Appearance:
          MS JAYSHREE C BHATT for Petitioner
          MR ND GOHIL, ADDL. PUBLIC PROSECUTOR for Respondent No. 1


     --------------------------------------------------------------


CORAM : MR.JUSTICE M.S.PARIKH
     Date of Order: 10/02/97


ORAL ORDER

1.Rule. Service of rule waived by Mr.N.D.Gohil,
learned APP for the respondents.

2.A report has been filed on behalf of the
respondents. It is not in dispute that prisoner’s
younger brother’s marriage is going to take place
tomorrow i.e. on 11th February 1997. The only ground on
which the parole has not been considered by the concerned
authority of the respondents is that there is no
provision for release on parole on the occasion of
brother’s marriage. It appears that, on last two
occasions, the petitioner had surrendered well in time
and no incident has been reported against him. The
sentence which was originally imposed came to be reduced
by the Hon’ble Supreme Court and out of the sentence of 5
years, the prisoner has undergone sentence of nearly
three years.

3.Bearing in mind the facts and circumstances of
the case, following direction is issued :

“The petitioner shall be on parole on usual terms
and conditions upto 14th February, 1997 and he
shall surrender on 15th February, 1997.

Rule made absolute in the aforesaid terms.
FEBRUARY 10, 1997[ M.S.PARIKH, J. ]

parmar*