BABUBHAI UKABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. G. D. Bhatt, learned Addl. P.P., waives service of the rule.

(2.) This is a petition filed by the prisoner praying parole for 15 days. The District Magistrate, as stated by It is hardly a reason for refusal of parole. The Government of Gujarat, by its notifications, viz. Home Department Noti. No. Misc. 1055/2064 -J, Sachivalaya, Ahmedabad, dated 31 -12 -1968 and Home Department No. Misc. 1065/2064 -J/ 8 -8 -69, Sachivalaya, Gandhinagar, have given certain guidelines for the purpose of releasing the prisoners on parole. The District Magistrate can do well if he follows such guidelines and decides the matter on merits. The present refusal of the parole is on extraneous ground and as such it cannot be sustained. Hence, we direct the District Magistrate to consider the parole asked for by the prisoner in accordance with the guiding principles given by the Government of Gujarat for the release of prisoner on parole. With these observations this Special Criminal Application is ordered accordingly. Rule discharged. (DDB)Rule discharged.