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Hasan Ahmed Charkha @ Lalu Thro Afsabibi Hasan Lalu v. State Of Gujarat

Hasan Ahmed Charkha @ Lalu Thro Afsabibi Hasan Lalu v. State Of Gujarat

(High Court Of Gujarat At Ahmedabad)

R/SPECIAL CRIMINAL APPLICATION NO. 416 of 2022 | 13-01-2022

1. Heard learned advocate for the applicant and learned APP for the respondent – State through video conference.

2. Rule. Learned APP waives service of notice of rule for and on behalf of respondent – State.

3. The applicant has taken out this application through his wife seeking parole leave on the ground of marriage ceremony of his son and attending the marriage ceremony on 30.01.2022, as the marriage card is produced on record.

4. Taking into consideration the reasons mentioned in the application and on perusal of the materials available on record, it appears that the the marriage of the applicant’s son is scheduled on 30.01.2022, therefore, the presence of the applicant as a father is necessary. The jail record indicates that earlier he was released on bail and he had surrendered in time.

5. In the aforesaid facts and circumstances of the case, the application deserves consideration. The applicant shall be released on parole leave from 27.01.2022 to 30.01.2022 on usual terms and conditions. The applicant shall surrender before Jail Authority on completion of parole leave, without fail.

6. Notification under Section 268 of the Criminal Procedure Code shall remain in abeyance during the period when the applicant is released on parole leave.

7. With the above observations and directions, this application is allowed. Rule is made absolute to the aforesaid extent.

8. Registry is directed to send writ of this order to the concerned Jail authority forthwith by fax or email.

Advocate List
  • M S BHADKI

  • MR MAKBUL I MANSURI

  • MR.MANAN MEHTA

Bench
  • HON'BLE MR. JUSTICE ILESH J. VORA
Eq Citations
  • LQ/GujHC/2022/963
Head Note

Criminal Procedure Code, 1973 — S. 435 — Parole — Application for parole leave on ground of marriage ceremony of son — Application allowed — Notification under S. 268 CrPC shall remain in abeyance during period when applicant is released on parole leave