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SCR.A/2097/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2097 of 2010
=========================================================
DHANSIGH
BHAVUBHA - CONVICT PRISOENR NO.: 519 - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MS
KD PARMAR for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) : 1,
RULE
NOT RECD BACK for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 29/10/2010
ORAL
ORDER
1. Rule.
Ms ML Shah, learned APP waives service of rule on behalf of the
State.
2. Present
application has been filed by the applicant prisoner for grant of
parole leave on the ground of treatment of the wife.
3. Learned
advocate Ms Parmar for the applicant has submitted that respondent
No.3 District Magistrate has rejected the application on the
ground of election and therefore, the present application has been
filed.
4. Learned
APP Ms ML Shah for the State submitted that appropriate order would
be passed.
5. Having
heard learned advocate Ms Parmar for the applicant and learned APP Ms
ML Shah for the State and having considered the papers, the present
application deserves to be allowed. The applicant is ordered to be
released on parole leave for a period of 15 days. In view of the
above, the impugned order dated 20.10.2010 rejecting the earlier
application only on the ground of election is hereby quashed and set
aside.
6. Accordingly,
the application is partly allowed and the applicant is ordered to be
released on parole leave for a period of 15 days upon
the applicant furnishing a personal bond of Rs.5,000/- (Rupees five
thousand only) before the jail authorities and on usual terms and
conditions. The applicant shall surrender himself immediately after
expiry of the aforesaid period from the date of actual
release. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
[RAJESH
H. SHUKLA, J.]
mrpandya
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