STATE OF GUJARAT Vs. JAYANTILAL MAGANLAL PATEL

JUDGEMENT

(1.) . This is a Letter Patent Appeal against the judgment of the learned Single Judge who allowed the writ petition filed by the respondent and allowed the release of the respondent on parole for a period of 20 days.

(2.) . Briefly stated the facts are that the respondent was convicted of an offence and sentenced under Section 302 IPC for life imprisonment. It is stated that an appeal against the conviction is still pending disposal in this Court.

(3.) . During the pendency of this appeal an application was filed by the respondent herein before the Government for the grant of parole. This permission was granted initially on 12th July 1995 till 31st July 1995. According to the respondent on or about 25th July 1995 an application was made for extension of parole. When no decision was taken on this application the respondent on 1st August 1995 filed a petition under Article 226 of the Constitution wherein the prayer was that parole be further extended for a period of 20 days. It appears that on the very same day the respondent had surrendered and he also made an application for the extension of parole. The reason which was given for extension of parole was that his wife was under treatment for angina and high blood pressure and certificate of one Dr. K. T. Patel was produced.