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SCR.A/1723/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1723 of 2010
======================================
VASHRAMJI
GAGAJI THAKORE - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
======================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 08/09/2010
ORAL ORDER
The
present application has been filed by the applicant through jail for
grant of parole on the grounds stated in this application.
Earlier
application of the applicant for parole was granted. However,
subsequently it
has been rejected on the ground that he surrendered late by one day
from parole, and, therefore, the order came to be passed by
Superintendent, Central Jail. Referring to this aspect, it is
specifically mentioned in the note in para-2 that in fact parole was
granted but considering the other fact of his late surrender, it has
been withdrawn.
Having
perused the papers and having heard learned APP Mr.Mengdey,
it appears that he has surrendered late by one day from parole for
which Jail Manual provides appropriate steps. However, considering
the ground mentioned and when parole was already granted, the
withdrawal would not be justified on the ground of late surrender.
However, interest of just would be served if I.G. (Prison) is
directed to decide the same within a week from today after taking
all relevant papers.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(RAJESH
H. SHUKLA, J.)
Amit
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