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1986 DIGILAW 129 (GUJ)

BABUBHAI UKABHAI v. STATE

1986-07-30

P.R.GOKULAKRISHNAN, R.A.MEHTA

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P. R. GOKULAKRISHNAN, J. ( 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 Mr. G. D. Bhatt has refused the parole on the ground that the prisoner has been committed to the jail only recently and as such the application for parole cannot be granted. 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 Noti. No. Misc. 1065/2064-J dated 8-8-1969 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 prisoners on parole. With these observations this Special Criminal Application is ordered accordingly. Rule discharged. Rule discharged. .