Nileshbhai Dhanjibhai Zala 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 partition of ancestral property.

3. Learned Additional Public Prosecutor has opposed this petition.

4. I have heard learned Additional Public Prosecutor for the respondents and perused the averments made in the petition. I have gone through the jail record of the convict. It appears from the jail record that the convict has been sentenced mainly for the offence punishable under Sections Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri May 06 03:50:04 IST 2016 R/SCR.A/3050/2016 ORDER 302, 307, 324 and 323 of the Indian Penal Code and sentenced for life. It appears that the convict has undergone sentence of about 11 years. Jail Record suggests that whenever the convict was released on temporary bail/furlough leave/ parole leave, he had surrendered in time and his jail conduct is found to be good.

5. In the peculiar facts and circumstances of the case, the petition deserves consideration. Accordingly, the present petition is allowed. The applicant - convict shall be released on parole leave for a period of 21 days, from the date of his actual release, on usual terms and conditions. The applicant - convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.

6. Registry is directed to send writ of this order to the concerned Jail authority forthwith.

(R.P.DHOLARIA,J.) Ashish Tripathi Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri May 06 03:50:04 IST 2016