ASHRAF KASAMBHAI KATARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard applicant - party-in-person and learned Additional Public Prosecutor Mr. R.C.Kodekar on behalf of the respondent - State.

(2.) By way of this application, the applicant seeks grant of open ended parole leave till his application for remission being Special Criminal Application No. 12598 of 2021 is finally decided.

(3.) In the considered opinion of this Court, the application for remission and grant of parole, more particularly under two different statutes, cannot be interlinked together. As per the provisions of Prisons (Bombay Parole and Furlough) Rules, 1959, parole leave could be granted to a convict only upon some exigency and whereas, it is also a well settled proposition, more particularly as per the statute itself that the days of parole, when the applicant is granted parole leave, would not be set off against the substantive sentence which the convict is required to undergo.