Musrafkhan Gorekhan Pathan vs State Of Gujarat
2022 Latest Caselaw 10238 Guj

   R/SCR.A/12929/2022                                       ORDER DATED: 16/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 12929 of 2022
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                        MUSRAFKHAN GOREKHAN PATHAN
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR HARDIK MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI
                  Date : 16/12/2022
                   ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

2. By way of this petition, the petitioner has prayed for grant of parole leave on the ground of helping the family members. It is submitted that the petitioner's case for remission has been forwarded for necessary consideration and further after a long time, the petitioner's sister is visiting from London. In addition, the mentally challenged son is supporting the family.

3. Learned Additional Public Prosecutor has opposed this petition and produced the jail record of the

R/SCR.A/12929/2022 ORDER DATED: 16/12/2022

petitioner.

4. I have heard learned Advocates appearing for the respective parties and I have gone through the jail record so produced. It appears that the petitioner's case for remission has been referred for orders to the Board. The judgment and order of conviction has been passed on 21.10.2022.

5. In view of the above, the petition deserves consideration. The petitioner is ordered to be released on parole leave for a period of TEN (10) days, from the actual release, on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only), to the satisfaction of the jail authority and with a direction that the petitioner shall surrender to the jail authorities on completion of parole leave.

6. Rule is made absolute to the aforesaid extent. Direct Service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith. Sd/-

(GITA GOPI, J) CAROLINE