In this special criminal application preferred through jail, the applicant sought parole for 20 days on grounds of house repairing. The High Court dismissed the application, holding that the ground does not fall within Rule 19 of the Prisons Rules and the petitioner lacked sufficient cause.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/SCR.A/3072/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3072 of 2018
==========================================================
THAKOR BHAVANJI KANTIJI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
THROUGH JAIL(50) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 2,3
MR.H.K.PATEL, ADDL. PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE S.G. SHAH Date : 17/04/2018 ORAL ORDER
A) He has been convicted under Section 376 of the Indian Penal Code for seven years,
E) Ground stated in this application does not fall within the purview of the Rule 19 of the Prisons (Bombay Furlough and Parole ) Rules, 1959 .
(S.G. SHAH, J)
VARSHA DESAI
Page 1 of 1
3 issues framed by the court
Whether the ground of house repairing qualifies under Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959 for granting parole.
Whether the applicant has sufficient grounds for release given prior convictions and absconding.
Whether parole leave should be granted for a period of 20 days.
2 provisions across 2 enactments
THAKOR BHAVANJI KANTIJI
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
