LAWS(GJH)-2023-3-601

SABIR Vs. STATE OF GUJARAT

Decided On March 07, 2023
SABIR Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Kodekar 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, more particularly, for supporting his daughter who is slated to appear in the 10th standard examination.

(3.) Jail remarks show that applicant had been convicted for the offences punishable under 302 of the Indian Penal Code amongst others and sentenced to life imprisonment. It also appears that up till now, the applicant has undergone approximately 12 years and 6 months of incarceration. Jail remarks would also show that the applicant while he had been released on temporary bail in the month of July, 2004 had absconded for a considerable long period of approximately 6 months. Jail remarks would further show that thereafter when the applicant had been released on parole and furlough, the applicant has more or less surrendered in time. Though it appears that the applicant had been released on number of occasions in the year 2022 and has been released even in the year 2023 on couple of occasions, while this Court would normally not being inclined to grant this application but for the fact that the reason stated by the present applicant appears to be genuine.