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R/SCR.A/1314/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No 1314 of 2011
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RAMESH
MOHANBHAI RATHOD....Applicant(s)
Versus
STATE
OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH
JAIL for the PETITIONER(s) No. 1
MR
JK SHAH, APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MS.JUSTICE B.M.TRIVEDI
Date
: 02/06/2011
ORAL
ORDER
Rule.
Learned APP Mr. J.K. Shah waives service of notice of rule on behalf
of respondent State.
The
present application has been moved by the applicant through jail
seeking his release on parole on the ground that the after death
rituals of his deceased brother is fixed on 10.06.2011. The Jail
Authority, Rajkot District Jail has submitted the remarks, from
which, it appears that the applicant has been convicted for the
offence under Section 302 of the Indian Penal Code and is undergoing
life imprisonment at the District Jail, Rajkot. It further appears
that the applicant was granted furlough time and again, however, on
one occasion, he did not report to the Jail Authority on the due
date. It further appears that the applicant had earlier preferred
Special Criminal Application No.785 of 2011 before this Court, in
which, the Court vide order dated 04.04.2011 had disposed of the
application by observing that if the relevant details of the after
death rituals if any fixed by the family is brought to the notice of
the authority, the same shall be considered within three weeks from
the receipt of such details. However, the applicant without
furnishing the details of after death rituals produced only the death
certificate of his brother before the Jail Authority, Rajkot. The
Additional District Magistrate, Rajkot, therefore, dismissed the
request of the applicant to release him on parole on the ground that
no such details as directed by the High Court were furnished by the
applicant and on the ground that earlier, the applicant had remained
absconded and was arrested by the police. In view of the said order
dated 02.05.2011 passed by the Additional District Magistrate,
Rajkot, the Court does not find any substance in the present
application and hence, the present application deserves to be
dismissed.
In
that view of the matter, the application is dismissed. Rule is
discharged.
[BELA
TRIVEDI, J.]
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