Disposed

Allarkha Habibbhai Meman through Amarin Allarkha Meman v. State of Gujarat

Gujarat HC10 Feb 2021SCR.A/795/2021

Case brief

AI extract

What is this about?

On a special criminal appeal seeking parole, the High Court held that since an application on the same grounds was pending before the District Magistrate, the Court directed the authority to decide it within one month and disposed of the present appeal accordingly.

What did the court decide?

The application dated 7.1.2021 was directed to be decided by the authority within one month, and the present appeal was disposed of.

Allarkha Habibbhai Meman through Amarin Allarkha Meman Vs… — Bail and Remand | Gujarat HC (2021)

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R/SCR.A/795/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 795 of 2021

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======================================================= ALLARKHA HABIBBHAI MEMAN THROUGH AMARIN ALLARKHA MEMAN Versus STATE OF GUJARAT & 2 other(s)

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Appearance: MR DIPAK H SINDHI(5710) for the Applicant(s) No. 1 NOTICE NOT RECD BACK(3) for the Respondent(s) No. 2,3 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

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Date : 10/02/2021

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ORAL ORDER

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Heard Mr.Sindhi, learned advocate for the applicant and Ms.Moxa Thakkar, learned APP for the respondent-State through video conferencing.

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By filing this application, the applicant has prayed to direct the jail authorities to release the applicant on parole leave for a period of 30 days for the purpose of providing financial assistance to his family, and the applicant's family needs to pay electricity dues of Rs.23799.66, and there is no other male member except the present applicant, who can help the family.

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Mr.Sindhi, learned advocate for the petitioner has vehemently submitted that electricity connection of the house of the petitioner has been disconnected and family members of the applicant are without electricity. He has also submitted that earlier the application was filed by the applicant, which came to be rejected by the authority by order dated 4.9.2020, which is at page 11 of the compilation. He has submitted that since the code of conduct for election is imposed, the District Magistrate is not

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Page 1 of 3

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R/SCR.A/795/2021 ORDER

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granting any application for parole. He, therefore, prays this application may be considered and necessary order releasing the applicant on parole may be passed. He also submitted that if the Court is of the opinion that the application dated 7.1.2021 pending before District Magistrate is required to be decided by the authority, then appropriate direction be issued in this regard and this application may be kept pending till that time. He prayed to allow present application.

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Per contra , learned APP vehemently submitted that application dated 7.1.2021 filed by the applicant is pending before the authority. She also submitted that since there is no order passed by the authority, the applicant may be relegated to the authority and this application may be disposed of at this stage with a direction to the authority to decide the same. She has also submitted that rejection order dated 4.9.2020, referred to above, has not been challenged by the applicant. She has prayed to dismiss present application.

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In rejoinder, Mr.Sindhi submitted that this application may be kept pending and authority may be directed to decide the pending application of the applicant.

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Having considered the submissions made by both the sides and considering the material on record, it is an admitted fact that the application of the applicant for parole leave on the same ground has been rejected by the Additional District Magistrate on 4.9.2020. This order has not been challenged by the applicant. It also appears that the applicant has also moved an application dated 7.1.2021 before the concerned authority, which is still not decided. In the considered opinion of this

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Page 2 of 3

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R/SCR.A/795/2021 ORDER

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Court, it is appropriate that the authority may decide such application in a time bound manner and if the order is passed against the applicant, he may approach this Court thereafter. In that view of the matter, concerned authority is directed to decide application dated 7.1.2021 within one month from today.

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With above observation, this application is disposed of.

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(DR. A. P. THAKER, J)

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R.S. MALEK

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Allarkha Habibbhai Meman through Amarin Allarkha Meman v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Allarkha Habibbhai Meman through Amarin Allarkha Meman v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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