MOHAMD MAAAZ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed through jail by the applicant - convict seeking parole leave for a period of 30 days in respect of second case No.20/2019 where he has been awarded life sentence for the offences punishable under Ss. 302 , 323 , 341 , 504 and 114 of Indian Penal Code by the judgment and order of conviction dtd. 29/8/2022. The applicant convict wants to approach in appeal.

(2.) Ms. Bhatt, learned APP has appraised this Court about the jail remarks of the applicant - convict. She invited attention of this Court to the fact that in first case being Sessions Case No.91 of 2019 in respect of I C.R. No.13/2019 registered with Ucchal Police Station for the offences punishable under Ss. 394 , 504 , 323 , 341 , 506(2) of Indian Penal Code and Sec. 135 of the Gujarat Police Act, the applicant convict has been awarded sentence of 8 years and 7 months. Pursuant to the judgment and order of conviction dtd. 6/1/2021 passed by the learned Principal Civil Judge and J.M.F.C., Ucchal. She objected to grant of present parole leave application in absence of any separate application being filed for seeking parole leave in respect of aforesaid first Criminal Case.

(3.) This Court by order dtd. 30/1/2023 had directed the respondent State to verify the details of both the above FIRs and also directed to very under what circumstances the appeal in respect of first FIR has not been filed before the learned Sessions Court. The statement of convict was also recorded, which has been placed on record. Upon perusal of the statement of the convict, this Court had further requested learned APP to call for verification report, which was submitted on 9/2/2023. From the said report dtd. 8/2/2023 submitted by the Deputy Superintendent, Lajpore Central Jail, Surat, it was noticed that the applicant has preferred application dtd. 27/7/2021 before the Legal Aid Committee seeking allotment of lawyer to file an appeal before the learned Sessions Judge in respect of FIR bearing I C.R. No.13/2019 for the offences punishable under Sec. 394 etc. of Indian Penal Code . It has been reported that the appeal along with delay application has been moved before the learned Sessions Judge through Legal Aid, which is registered as Criminal Misc. Application No.44 of 2023 before the concerned Court.