Mohammad Shafique @ Dadabhai @ ... vs State Of Gujarat
2022 Latest Caselaw 8788 Guj

     R/SCR.A/10013/2022                                 ORDER DATED: 04/10/2022




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CRIMINAL APPLICATION NO. 10013 of 2022

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 MOHAMMAD SHAFIQUE @ DADABHAI @ THAKURE @ RAFIQ @
                  ALI ABDUL BARI ANSARI
                             Versus
                     STATE OF GUJARAT
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Appearance:
MR MAKBUL I MANSURI(2694) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 04/10/2022

                                ORAL ORDER

1. This petition is filed by the petitioner - convict seeking parole leave for a period of 30 days so as to enable him to file the appeal against conviction.

2. Heard, learned advocate Mr. Makbul I. Mansuri for the petitioner and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent - State.

3. The learned advocate for the petitioner submits that the applicant is a life convict and is in jail. He further submits that the petitioner is recently convicted and sentenced to life imprisonment by judgment and order dated 18.02.2022 and desires to file the appeal against conviction and hence, his presence is required. Further, drawing attention to the earlier order passed

R/SCR.A/10013/2022 ORDER DATED: 04/10/2022

by this Court in Special Criminal Application No. 9224 of 2002, the learned advocate submitted that co-accused was enlarged on parole for 10 days by imposing strict conditions. He further submitted that earlier the Coordinate Bench had also enlarged the petitioner on parole on strict conditions and accordingly, he urged that this petition may also be allowed and the petitioner may be released on parole leave on suitable conditions.

4. Per contra, the learned Additional Public Prosecutor for the respondent - State, at all vehemence at her command, resisted this petition and release of the petitioner, inasmuch as the petitioner is a life convict in a heinous crime of serial bomb blast. Further, she submitted that there are restrictions under Section 268 of Criminal Procedure Code, 1973 (CrPC) and therefore, in the facts and circumstances of the case, she requested not to entertain this petition and eventually, it is urged to dismiss the same.

5. Regard being had to the rival submissions and considering the material available on record vis-a-vis the fact that earlier the co-accused had been released on parole leave by this Court as well as by the Coordinate Bench by imposing stringent and strict conditions and further considering the jail report of the petitioner, where his conduct is reported to be satisfactory, this Court is inclined to exercise discretion in favour of the petitioner. The petition, therefore succeeds, and is accordingly allowed in part. The petitioner - convict is ordered to be released on parole leave for a period of 10 (Ten) days from the date of his actual release, on his furnishing a personal bond of Rs.10,000/- (Rupees Ten thousand only) to the satisfaction of the jail authority and on further conditions that:

i) the petitioner shall be released under police surveillance at the cost of the State;

       R/SCR.A/10013/2022                                 ORDER DATED: 04/10/2022




         ii)     the petitioner is permitted to stay at Haj House, Opp. Old

Railway Station, Kalupur, Ahmedabad - 380002, during the parole leave period;

iii) the petitioner shall also provide his latest address to the concerned jail authority as well as the Shahibaug Police Station;

iv) the petitioner shall not leave the territory of Ahmedabad;

v) the petitioner shall keep in mind that there shall be no violation of law and order;

vi) the petitioner shall be released only after co-accused namely Mohammedali @ Jamal @ Jiya Moharmali Ansari surrenders to custody;

vii) no extension of parole leave shall be granted."

5.1 The notification issued under Section 268 of the Code shall remain in abeyance for the aforesaid period of parole leave.

6. Rule is made absolute accordingly. Direct service is permitted.

[ A. C. Joshi, J. ] hiren /83