MEHBOOB Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application has been filed by the applicant? convict under the Article 226 of the Constitution of India and various provisions of The Prisons (Bombay Furlough and Parole) Rules, 1959 (hereinafter referred to as "the Rules") contending that he is in jail since last 10 years as he has been convicted and sentenced for life imprisonment in Sessions Case No. 47 of 2009 by the Sessions Court, Anand vide judgment and order dated 28.2.2013. It is submitted that against the judgment and order, the applicant has preferred Criminal Appeal No. 1268 of 2013 before this Hon'ble Court, which came to be disposed of by confirming the judgment of the Sessions Court.

(2.) Heard Ms. G.B.Jadeja, learned advocate for the applicant and Ms. Moxa Thakkar, learned APP for the respondent State through Video?conferencing.

(3.) Ms. Jadeja, learned advocate for the applicant has submitted the same facts which are narrated in the Memo of Application. While reading the judgment annexed at Annexure "C" at Page?15, Annexure "D" at Page?17, she has vehemently submitted to allow the application. She has also contended that there cannot be two punishments for the same offence and has further submitted that for the jail offence, the convict has already been punished by the concerned Court and at the same time furlough leave is also forfeited. According to her submission, this exercise and the decision of the Authority is illegal and she has prayed to allow the application.