Mahebub Ismailbhai Bhagad vs State Of Gujarat
2022 Latest Caselaw 4904 Guj

   R/SCR.A/5063/2022                                     ORDER DATED: 02/06/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 5063 of 2022

==========================================================
                        MAHEBUB ISMAILBHAI BHAGAD
                                  Versus
                        STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                  Date : 02/06/2022

                                   ORAL ORDER

Rule. Learned APP waives service of notice of Rule for the respondent State.

Learned APP has placed on record fresh jail remarks. On perusal of same, the Court finds that by the judgment and order of conviction dated 23.08.2017, the convict was awarded sentence of 12 years with fine. The jail remarks further indicates that he was released on first furlough leave for a period of 14 days from 07.03.2018 to 20.03.2018. He was required to surrender on 21.03.2018, however, he remained absconded for a period of 702 days and was arrested by police. It is found that subsequently though the convict was released on second furlough leave from 28.10.2021 to 10.11.2021, however, this Court has not entertained his application for regularization by order dated 13.09.2021 passed in SCA No.8871 of 2021. The ground raised in this application, filed before this Court does not

R/SCR.A/5063/2022 ORDER DATED: 02/06/2022

appears to be genuine.

Considering the facts and circumstances of the case and scheme of the Prisons (Bombay Furlough and Parole) Rules,1959, no case is made out to grant parole leave, as prayed for in the petition. Hence, present petition stands rejected. Rule is discharged.

(NISHA M. THAKORE,J) MANISH MISHRA