SCR.A/779/2006 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 779 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================================= 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 ? ========================================================= JAYANTIBHAI MOHANBHAI PATEL - Applicant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : THROUGH JAIL for Applicant(s) : 1, MR KT DAVE, ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 01/05/2006 ORAL JUDGMENT 1. Rule. Mr.K.T.Dave, learned Additional Public Prosecutor waives service of rule on behalf of the respondents. SCR.A/779/2006 2/2 JUDGMENT 2. Present is the application received through jail. The petitioner – convict is convicted for the offence punishable under Section 304 Part (II) of the Indian Penal Code by judgment and order dated 30.09.2005 and sentenced for 7 years imprisonment. The petitioner – convict had applied for 7 days parole to enable him to file an appeal before this Court through a private advocate. The parole was granted and thereafter, he made application for extension of the same on the ground that during 7 days, he could not arrange for the funds. That application is rejected and that makes the petitioner – convict to approach this Court. 3. Mr.K.T.Dave, learned Additional Public Prosecutor submitted that in jail, necessary arrangements are made to enable the petitioner – convict to file an appeal from jail. In view of that, no case is made out. Hence, the application is rejected. Rule is discharged. (RAVI R.TRIPATHI, J.) *Shitole