VISHAL VISHNUBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application has been filed by the convict through his father 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 has been convicted and sentenced for life imprisonment in Sessions Case No. 78 of 2006 by the learned Additional Sessions Judge, Court No.7, City Sessions Court, Ahmedabad vide judgment and order dated 21.4.2012. It is submitted that against the judgment and order, the applicant has preferred Criminal Appeal No. 1748 of 2012 before this Hon'ble Court, which is pending for final hearing.

(2.) Heard Ms. Jayshree Bhatt, learned advocate for the applicant and Ms. Moxa Thakkar, learned APP for the respondent State through Video-conferencing.

(3.) Ms.Bhatt, learned advocate for the applicant has submitted the same facts which are narrated in the Memo of Application. She has 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 and at the same time fulough 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.