MAHESHBHAI MAGANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This special criminal application has been moved by the applicant-prisoner for appropriate writ, order or direction in reference to the order passed by the District Magistrate, Vadodara on 30.3.2002 refusing his prayer to grant parole for a period of 21 days on account of death of his mother on 30.11.2001.

(2.) Rule. Learned APP Mr. HH Patel waives service of rule on behalf of State. On 20.6.2002, following order was passed.

(3.) Having considered the facts and circumstances of the case, and the relevant papers tendered before the Court for perusal by Ld. APP Mr.Patel this court is of the view that the order passed by the ld. District Magistrate is an order without application of mind and he has not exercised the discretionary powers objectively in the present case.