MIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This matter is filed by the party in person who claims to be the so called sister of the convict seeking parole leave on the ground that son of the convict is required to be admitted in hostel. The presence of convict is required to make arrangement of the expenses to be incurred for admission as well as for hostel fees.

(2.) Present application has been directly filed before this Court pressing for urgent order on the aforesaid ground. On 28/6/2023 when the matter was taken up for hearing, learned Additional Public Prosecutor had invited attention of this Court to the fact that co-accused of the present applicant viz.Dhruv @Babu S/o Vimalkumar Patel was reported to be absconding. As per jail remarks, he was expected to surrender before the jail authority on 13/6/2023. Ms. Bhatt, learned Additional Public Prosecutor has placed reliance upon the order dtd. 27/3/2023 passed by this Court in Criminal Miscellaneous Application No.1 of 2023 in Special Criminal Application No.3227 of 2023 filed by the aforesaid co-accused i.e. Dhruv @Babu S/o Vimalkumar Patel seeking extension of parole leave and same was disposed of and the applicant was required to surrender on 23/3/2023 which was extended till 28/3/2023. Once again petition was moved before this Court on behalf of Dhruv @Babu S/o Vimalkumar Patel by the present party in person, which was registered as Special Criminal Application No.5637 of 2023. The Court had not entertained such application and was disposed of as withdrawn. Learned Additional Public Prosecutor has further placed reliance upon the order dtd. 13/6/2023 which was filed by co-accused - Jigishaben Vimalkumar Patel, which was filed through mother in law- Mandakiniben seeking parole leave on the ground that presence of convict was required to help her in searching alternative place for accommodation. The Court noticing the fact that son of the accused is residing with the applicant, had not entertained such application. Now, the application is moved before this Court by the present convict on the ground raised in the application through so called sister. Noticing the aforesaid submission of the learned Additional Public Prosecutor, the Court had directed to call for the verification report.

(3.) Today, when the matter is taken up for hearing, Ms. Bhatt, learned Additional Public Prosecutor has placed on record the report dtd. 5/7/2023 submitted by the Police Inspector, Nadiad West Police Station. The statement of the father of the convict has been placed on record wherein he has raised serious apprehension about the conduct of the convict and has submitted not to release the applicant on parole leave. Ms. Bhatt has appraised this Court about the jail remarks and has submitted that in past the convict has remained absconded for 37 days when he was lastly released in the month of May 2023. Considering the conduct of the present applicant and verification report which has come on record, the Court is not inclined to entertain this application. The Court has noticed the conduct of the present party in person. At one stage, when the matter was taken up for hearing, co-accused viz. Dhruv @Babu S/o Vimalkumar Patel reported to be absconded, in such application, in past is moved through present party in person. Today, Ms. Bhatt reported before the Court that co-accused viz.Dhruv @Babu S/o Vimalkumar Patel is surrendered before the jail authority on 30/6/2023. Having noticed the aforesaid conduct, the Court is even otherwise not inclined to entertain the present application at the instance of said party in person. The application stands dismissed. Rule is discharged. Registry to communicate this order to the concerned Jail authority by Fax / E-mail.