1. Present application has been filed by the applicant mother for grant of parole leave of the convict prisoner Mohammad Mahir Bachubhai Malek on the ground of sickness of the father as stated in the application.
3. Learned advocate Ms KU Mishra for the applicant has submitted that the application has been rejected by the impugned order dated 19.10.2010 stating that due to election, such parole cannot be granted.
4. Learned APP Mr MG Nanavati for the State has submitted jail remarks and it reveals that he has not availed of furlough since 2009 and temporary bail was granted in 2007. There is also an order under Section 268 of the Code of Criminal Procedure, 1973.
5. Having heard Ms KU Mishra, learned advocate for the applicant and Mr MG Nanavati, learned APP for the State and having perused the jail remarks, as the application has been rejected only on the ground of election, the present application deserves to be allowed particularly in light of the reasons stated above and the fact that he has not availed of furlough or temporary bail as stated above.
6. Accordingly, the present application is partly allowed. The applicant is ordered to be released on parole leave for a period of 15 days upon the applicant furnishing a personal bond of Rs.5,000/- (Rupees five thousand only) before the jail authorities and on usual terms and conditions from the date of actual release. The applicant shall surrender himself immediately after expiry of the aforesaid period. The order under Section 268 of the Code of Criminal Procedure, 1973 passed earlier shall remain suspended during the aforesaid period. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[RAJESH H. SHUKLA, J.] mrpandya Top