Gujarat High Court
Mohamd Maaaz @ Tiger Mohamadali ... vs State Of Gujarat on 13 February, 2023
Bench: Nisha M. Thakore
R/SCR.A/621/2023 ORDER DATED: 13/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 621 of 2023
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MOHAMD MAAAZ @ TIGER MOHAMADALI SAIYAD
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MH BHATT ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 13/02/2023
ORAL ORDER
1. This is an application filed through jail by the applicant -
convict seeking parole leave for a period of 30 days in respect of
second case No.20/2019 where he has been awarded life
sentence for the offences punishable under Sections 302, 323,
341, 504 and 114 of Indian Penal Code by the judgment and order
of conviction dated 29.08.2022. The applicant convict wants to
approach in appeal.
2. Ms. Bhatt, learned APP has appraised this Court about the
jail remarks of the applicant - convict. She invited attention of this
Court to the fact that in first case being Sessions Case No.91 of
2019 in respect of I C.R. No.13/2019 registered with Ucchal Police
Station for the offences punishable under Sections 394, 504, 323,
341, 506(2) of Indian Penal Code and Section 135 of the Gujarat
Police Act, the applicant convict has been awarded sentence of 8
years and 7 months. Pursuant to the judgment and order of
conviction dated 06.01.2021 passed by the learned Principal Civil
R/SCR.A/621/2023 ORDER DATED: 13/02/2023
Judge and J.M.F.C., Ucchal. She objected to grant of present
parole leave application in absence of any separate application
being filed for seeking parole leave in respect of aforesaid first
Criminal Case.
3. This Court by order dated 30.01.2023 had directed the
respondent State to verify the details of both the above FIRs and
also directed to very under what circumstances the appeal in
respect of first FIR has not been filed before the learned Sessions
Court. The statement of convict was also recorded, which has
been placed on record. Upon perusal of the statement of the
convict, this Court had further requested learned APP to call for
verification report, which was submitted on 09.02.2023. From the
said report dated 08.02.2023 submitted by the Deputy
Superintendent, Lajpore Central Jail, Surat, it was noticed that the
applicant has preferred application dated 27.07.2021 before the
Legal Aid Committee seeking allotment of lawyer to file an appeal
before the learned Sessions Judge in respect of FIR bearing I C.R.
No.13/2019 for the offences punishable under Section 394 etc. of
Indian Penal Code. It has been reported that the appeal along with
delay application has been moved before the learned Sessions
Judge through Legal Aid, which is registered as Criminal Misc.
Application No.44 of 2023 before the concerned Court.
4. Considering the aforesaid facts, this Court is not inclined to
exercise its discretion to grant parole leave noticing that the
applicant - convict has not applied for parole leave in respect of I
C.R. No.13/2019. Even otherwise, the applicant convict can
always approach Legal Aid Committee to file an Appeal before this
Court in respect of conviction recorded for the offences punishable
R/SCR.A/621/2023 ORDER DATED: 13/02/2023
under Section 302 of Indian Penal Code.
In view of the above, present application stands disposed of.
(NISHA M. THAKORE,J)
Y.N. VYAS
