PARVINBANU NIYAZHUSEN FATEMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application, through jail, has been preferred by the applicant-convict-Parvinbanu Niyazhusen Fatemiya to release her on bail pending hearing and final disposal of Criminal Appeal No. 968/2010 submitting that she has minor children and, therefore, her presence is required at home to look after them.

(2.) AS such, the present application is a successive bail application and her earlier bail application, being Criminal Miscellaneous Application No. 6597/2010, has been dismissed as withdrawn. There are no change circumstances except the fact that the applicant is in jail since 2 years and 11 months. It is required to be noted that the applicant has been convicted for the offence punishable under and is sentenced to undergo Life Imprisonment vide impugned judgment and order of conviction and sentence dated 20/04/2010.

(3.) HOWEVER , while considering the present application and from the jail report, it appeared to us that the furlough leave application of the applicant was pending with the Inspector General of Prison since 29/02/2012. Considering Rule 389 of the Gujarat Police Manual, the furlough leave application was required to be decided within a period of two months and, therefore, we passed the following order on 25/03/2013;