Abdul Sattar Haji Noormohammad ... vs State Of Gujarat & 2

1. Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondents.

2. By way of this petition, the applicant-convict has prayed to release him on parole leave on the ground of managing the funds and paying the same before the Trial Court.

3. Learned Additional Public Prosecutor has opposed this petition and produced jail record of the convict.

4. I have heard the learned advocate for the applicant and learned Additional Public Prosecutor for the respondents. I have also gone through the jail record of the convict. It Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu May 05 03:41:51 IST 2016 R/SCR.A/3025/2016 ORDER appears from the jail record that the convict has been sentenced mainly for the offences punishable under Sections 8-C, 20-B, 1 and 29 of the NDPS Act and sentenced for 15 years. It also appears that the convict has undergone sentence of about 14 years and the competent authority vide its order dated 19.4.2016 rejected the parole application without assigning any reason.

5. In the peculiar facts and circumstances of the case, the petition deserves consideration. The application is allowed. The convict shall be released on parole leave for a period of 30 days, from the date of his actual release, on usual terms and conditions. The convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(R.P.DHOLARIA,J.) Ashish Tripathi Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu May 05 03:41:51 IST 2016