SANKARPRASAD GURUDEVPRASAD SUMAN (BANIYA) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Bhargav Pandya waives service of Rule on behalf of the respondent - State.

(2.) By way of this application, the applicant prays for being released on parole leave for the purpose of providing financial assistance to the family.

(3.) Jail remarks show that applicant had been convicted for the offences punishable under provisions of the Narcotics Drugs and Psychotropic Substances Act , 1985 and sentenced to 15 years imprisonment. It also appears that up till now, the applicant has undergone approximately 11 years and 3 month of incarceration. It also appears that the applicant had been released twice on parole year 2013 as well as in the year 2016 and on both occasions the applicant had absconded for 486 and 314 days respectively. It further appears that after 30/10/2017 when the applicant had been apprehended, he has never been released on any leave whatsoever. It further appears that the period when he was absconded has also been regularized. It further appears that during the period when the applicant had remained absconded, he had also named as accused in other offences more particularly of the like nature of which he had been convicted. Having regard to the fact that the applicant has remained incarceration for approximately 5.5 years without any leave whatsoever while this Court is inclined to consider the same, yet having regard to the past history of the present applicant, such release also should be with appropriate conditions which would secure timely surrender.