Moh Salim @ Kalugulam Mustufa through Shaikh Sanofar Mohm Sali v. State of Gujarat
2013-01-16
A.J.DESAI
body2013
DigiLaw.ai
ORDER : 1. Pursuant to the Order dated 8.1.2013, learned APP Mrs. Hansa B. Punani, has placed a police report from Pandeshra Police Station, Surat City, along with the statement of Dr. Babu Sadadiwala, who is going to operate the wife of the convict Sajedabanu, for appendectomy and abdominal hysterectomy. 2. I have perused the jail record of the convict as well as the medical certificate issued by Dr. Babu Sadadiwala. It appears from the jail record that the petitioner-convict is convicted for the offences punishable under Sections 8(C), 20(B) and 29 of the NDPS Act and was sentenced to undergo imprisonment of 10 years and to pay fine of Rs. 2 lacs in default, to undergo further imprisonment of two years. He has already undergone the sentence of about 8 years and during this period i.e. from 26.12.2004 he has not been released either on temporary bail or parole leave. 3. Considering the police report as well as the sentence already undergone by the convict and the ground for parole leave, in my opinion, the present petition requires consideration and the same is allowed. The petitioner-convict is ordered to be released on parole leave for a period of three weeks from the date of his actual release on usual terms and conditions with further condition that he shall mark his presence before the Pandeshra Police Station, Surat City, on every alternate day, during his parole leave between 11.00 a.m. and 1.00 p.m. The petitioner-convict shall surrender to the jail authority on completion of the parole period without fail. 4. Rule is made absolute to the aforesaid extent. Direct Service is permitted. Rule made absolute.