KETAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.

(2.) The present application has been filed by the applicant - convict to release him on parole leave for a period of 30 days on the ground of medical treatment of his mother as well as payment of school fees of his children.

(3.) Ms. Bhatt, learned Additional Public Prosecutor has placed on record the report dtd. 6/7/2023 submitted by the Bapunagar Police Station and the same is permitted to be taken on record. Ms. Bhatt has appraised this Court about the statement of the wife of the applicant recorded on 5/7/2023 by the concerned police station. Along with report, she has also placed on record school fees receipt and the letter dtd. 5/7/2023 issued by the concerned school where children of the applicant are admitted. By referring to the aforesaid document, she has submitted that they are in all five children in the family, out of which,two are receiving benefits under the Right to Education act and are not required to make any payment towards the school fees. She has fairly accepted the fact that the amount of Rs.65,000.00 is outstanding towards school fees of rest of the children. Ms. Bhatt, has also invited attention of this Court to the medical certificate dtd. 5/7/2023 submitted by Dr. Akshat Dhanetwal. MS (Ortho) who has confirmed the fact that mother of the applicant is advised surgery for total knee replacement. Ms. Bhatt submitted that though the grounds raised in the present application are found to be genuine, looking to the past history of the applicant of remaining absconding for a period of almost 12 years and 80 days, present application seeking parole leave may not be entertained.