HASAN AHMED CHARKHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 read with Article 14 and 21 of the constitution of India by the wife of the convict seeking release of the convict on parole leave for a period of 60 days or for appropriate days from the date of release on any terms and conditions which may be imposed by this Court. The petitioner has also prayed for direction to keep in abeyance the notification issued by the State Government under Sec. 268 of Cr.P.C. in case of the petitioner during the period of parole leave.

(2.) The brief facts which has emerged on record are summarised as under:

(3.) In background of this facts, the petitioner has approached this Court pending the appeal as well as bail application before the Hon'ble Supreme Court, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India seeking parole leave on the ground that the son and daughters of his two sisters are getting married on 16/7/2023. The petitioner being maternal uncle of both bride and the groom and in absence of the father of the petitioner, the presence of the petitioner is required. In support of such averments, the marriage invitation card has been placed on record. It is contended before this Court that the petitioner was released on various occasions on parole leave by this Court and he has surrendered in time before the jail authority without any untoward incident being reported. It is further contended that the jail conduct of the petitioner is good. Hence, it is urged to consider the present application for parole leave.