Abdulkadar Mahmadhanif @ ... vs State Of Gujarat
2021 Latest Caselaw 5458 Guj

       R/SCR.A/4498/2021                                         ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 4498 of 2021

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          ABDULKADAR MAHMADHANIF @ KALUBHAI MALEK
                           Versus
                     STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR DHARMESH DEVNANI, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                              Date : 07/05/2021

                               ORAL ORDER

1. RULE. Learned APP Mr.Dharmesh Devnani waives service of Rule on behalf of the respondent­State.

2. This is a petition for parole leave by the convict through jail who is convicted by the Additional Sessions Court, Nadiad and is ordered to undergo life imprisonment in Sessions Case No. 5 of 2019 by judgment and order dated 09.02.2021.

3. It is stated in the petition that the petitioner wants to engage an advocate for filing an appeal.

4. Learned APP submits concerned District Magistrate has already rejected the parole leave application of the applicant. Learned APP also invited attention of the Court to the jail record, wherein it is indicated

R/SCR.A/4498/2021 ORDER

jail conduct is the applicant is good.

5. In that view of the matter, the petition is partly allowed. The petitioner is ordered to be enlarged on parole leave for a period of 10 (Ten) days from the date of his actual release on usual terms and conditions, including furnishing a bail bond of Rs. 5,000/­ to the satisfaction of the jail authority. The petitioner shall presence before the Nadiad Town Police Station, Kheda once while on parole leave. The petitioner shall surrender before the jail authority on or before the expiry of the parole leave. Rule is made absolute.

Direct service is permitted.

(A.Y. KOGJE, J) GIRISH