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SCR.A/2185/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2185 of 2010
======================================
ASHOKBHAI
PARBHUBHAI PATEL - CONVICT PRISONER - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
======================================
Appearance
:
MS DARSHNABEN
ASHOK BHAI PATEL, PARTY-IN-PERSON
for Applicant(s) : 1,
MR MG NANAVATY, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 28/10/2010
ORAL
ORDER
1. Rule.
Mr. M.G. Nanavaty, learned Additional Public Prosecutor, waives
service of Rule on behalf of respondents.
2.
Present application has been filed by the applicant-wife of the
convict-prisoner Ashokbhai Parbhubhai Patel lodged at Central Jail,
Vadodara for the grant of parole for the period of 30 days on the
ground of several circumstances stated in the application.
3. The
convict-prisoner has been convicted for the offence under Sections
143,144,148,147,341 and 302 of the Indian Penal Code by the Sessions
Court, Navsari in Sessions Case No.88 of 1997 which has also been
confirmed in Criminal Appeal No.567 of 2005 of this Court.
4. The
applicant wife has on yesterday moved urgently appearing as
party-in-person and, therefore, learned Additional Public Prosecutor
Mr.Nanavaty had requested to take instructions. He has placed on
record Jail Remarks Sheet and the impugned order passed by the
Collector, Vadodara dated 18.10.2010. Only reference was made to the
effect that due to the code of conduct application of Ashokbhai
Parbhubhai Patel, lodged at Central Jail, Vadodara, cannot be
entertained and, therefore, it is rejected. No other reasons are
assigned in the said order of the Collector dated 18.10.2010.
5. Having
heard the applicant and learned Additional Public Prosecutor and
considering the present application as well as the Jail Remarks
Sheet, the interest of justice would be served if the present
application is allowed partly and the applicant is ordered to be
released for the period of 10 days on parole leave.
6. Accordingly,
the present application stands partly allowed. The convict prisoner
Ashokbhai Parbhubhai Patel, at present lodged at Central Jail,
Vadodara is ordered to be released on parole leave for the period of
10(Ten) days
commencing from the date of his actual release upon the applicant
furnishing a bond of Rs.5,000/- (Rupees five thousand only) with one
surety of the like amount before the jail authorities
and on usual terms and conditions.
7. The
applicant shall surrender himself immediately after expiry of the
aforesaid period.
8. Rule
is made absolute to the aforesaid extent.
(R.H.Shukla,
J.)
sudhir
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