SCR.A/210/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 210 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= BHAIJIJI CHHANAJI - Applicant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : THROUGH JAIL for Applicant(s) : 1, MR LR PUJARI PUBLIC PROSECUTOR for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 08/02/2008 ORAL JUDGMENT 1.0 RULE. Mr. Pujari, learned APP waives the service of rule. SCR.A/210/2008 2/3 JUDGMENT 2.0 The convict-petitioner, herein, is convicted for the offence punishable under Section 302 of the Indian Penal Code and life imprisonment was awarded by the Additional Sessions Court, Ahmedabad(Rural)by order dated 20.03.1999. Against the said judgment and order appeal has been preferred by the convict- petitioner and which was dismissed on 17.09.2007. The petitioner is in jail for about nine years and when he was released on parole or furlough, he surrendered in time and his jail record is also good. 3.0 In view of the above, order passed by the Administrative Officer, Office of the Inspector General of Jails, State of Gujarat, Ahmedabad dated 17.01.2008 is not legal and proper. Taking into consideration the above aspects, the ends of the justice would be met by passing the following order. 4.0 The application is partly allowed. The SCR.A/210/2008 3/3 JUDGMENT convict-petitioner shall be released for a period of FIFTEEN DAYS only from the date of his release with condition to furnish personal bond of Rs.2,000/- as well as surety of the like amount. Rule is made absolute to the aforesaid extent. (M.D. Shah,J.) Umesh/