Mohmed Hanif Abdul Karim Badana ... vs State Of Gujarat
2023 Latest Caselaw 1560 Guj

      R/SCR.A/1693/2023                                     ORDER DATED: 14/02/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 1693 of 2023

=============================================
       MOHMED HANIF ABDUL KARIM BADANA THRO FAIJAN
                 MOHMED HANIF BADANA
                         Versus
                    STATE OF GUJARAT
=============================================
Appearance:
MR DIPAK H SINDHI(5710) for the Applicant(s) No. 1
MR. HARDIK D. MEHTA, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2,3
=============================================

CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 14/02/2023

                                   ORAL ORDER

1. The applicant has filed this application for grant of parole leave on account of marriage of his daughter, which is scheduled to be held on 17 th February, 2023 and the functions of the marriage are going to start from today itself.

2. However, considering the record, it appears that the applicant has directly approached this Court without filing necessary application before the authorities to be considered and the applicant herein is not able to convince this Court by any judgment or order of this Court wherein without approaching the the authority, the application for parole/furlough has been entertained by this Court.

3. As such under these circumstances, allowing an application directly filed without approaching to the authority

R/SCR.A/1693/2023 ORDER DATED: 14/02/2023

concerned, shall set a bad precedent and it will become practice in future, which cannot be allowed.

4. However, considering the reason that the marriage of the daughter of the applicant is scheduled to be held on 17 th February, 2023, which fact has been verified by the learned APP that the marriage is going to take place on the said date and it is the cause which should be considered by the authority.

5. Therefore, the applicant-convict is hereby directed to immediately file application for grant of parole leave to the authority concerned, which is not filed till today and considering the genuineness of the cause of the applicant- convict, the authority shall decide the said application by tomorrow itself.

6. With this observation, present application stands disposed of. Rule made absolute to the aforesaid extent. Direct service permitted today.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...