Gujarat High Court
Mohamed Asgarali S/O Mohamad ... vs State Of Gujarat on 21 December, 2022
Bench: Gita Gopi
R/SCR.A/12539/2022 ORDER DATED: 21/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12539 of 2022
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MOHAMED ASGARALI S/O MOHAMAD VAJIRALI
Versus
STATE OF GUJARAT
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Appearance:
MR HEMANT B RAVAL(3491) for the petitioner(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
for the Respondent(s) No. 2,3
MR RC KODEKAR for the Respondent(s) No. 4
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 21/12/2022
ORAL ORDER
1. Heard the learned advocates appearing for
the respective parties. Rule. Learned APP
waives service of Rule on behalf of the
respondent-State.
2. The present petition is filed for
enlarging the petitioner on parole leave
on the ground of medical treatment of his
mother.
3. Report was called for to verify the fact
of the ailment of the mother of the
petitioner. The Superintendent, District
R/SCR.A/12539/2022 ORDER DATED: 21/12/2022
Prison, Nalgonda had forwarded the report
along with the communication of Station
House Officer, P.S. Madhapur, Cyberabad,
which confirms the fact that the mother
as outpatient prescription is treated by
Sri Dr. Sridhar at Medicover Hospital.
Mr. Raval has relied upon the certificate
issued by Dr. P. Sridhar of Medicover
Hospital dated 8.10.2022 stating that the
petitioner's mother needs to undergo
Angiography followed by by-pass surgery.
Mr. Kodekar submits that the petitioner
has been transferred to the jail at
Gujarat followed by conviction judgment
passed by the Hon'ble Apex Court. Mr.
Raval thus submits that the petitioner
was acquitted and on challenge to the
acquittal judgment before the Hon'ble
Supreme Court, the petitioner surrendered
and since then is in jail at Gujarat. He
further stated that earlier he was
granted furlough leave of 21 days and had
surrendered in time. Jail remarks are
produced on record. The petitioner's
furlough leave was granted for 21 days
R/SCR.A/12539/2022 ORDER DATED: 21/12/2022
commencing from 16.11.2021 to 6.12.2021
and as per the jail remarks, on
30.12.2021, he has been transferred from
Ahmedabad Central Jail to Nalgonda Jail,
Hyderabad for trial of another matter.
While Mr. Raval stated that the
petitioner had been granted bail on
17.5.2021 in the concerned matter by the
Special Judge under SC-ST (POA) Act.
4. Considering the fact that at present the
petitioner is in Nalgonda jail and on
verification, the medical documents are
found to be genuine as well as
considering the age of the mother of the
petitioner and the petitioner being son,
his presence would be necessary with the
mother for her treatment.
5. Having heard the learned advocates
appearing for the respective parties and
considering the facts and circumstance of
the case, this Court is inclined to
exercise discretion in favour of the
petitioner.
R/SCR.A/12539/2022 ORDER DATED: 21/12/2022
6. The petition is partly allowed. The
petitioner is ordered to be released on
parole leave for a period of 10 (ten)
days on usual terms and conditions from
the date of the actual release upon
furnishing a personal bond of Rs.10,000/-
(Rupees Ten Thousand only) to the
satisfaction of the jail authority. The
petitioner shall surrender to the jail
authorities on completion of the
aforesaid period without fail. Direct
service is permitted today. Registry to
communicate this order to the concerned
Court/Authority/Nalkonda jail by
FAX/EMAIL forthwith.
(GITA GOPI,J)
Maulik
