SCR.A/11847/2018 of SHABIRHUSEN @ MEDAM SHAUKATALI SHEKH THRO RAZIYABANU SHABIRHUSEN SHEKH Vs STATE OF GUJARAT on 31 December 2018

R/SCR.A/11847/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 11847 of 2018

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SHABIRHUSEN @ MEDAM SHAUKATALI SHEKH THRO RAZIYABANU SHABIRHUSEN SHEKH

VersusSTATE OF GUJARAT

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PARTY IN PERSON(5000) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 2,3MS CHETNA SHAH, APP (2) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE UMESH A. TRIVEDI

Date : 31/12/2018 ORAL ORDER

Party-in-person Raziyabanu W/o Sabirhussain Shaukatali Shaikh requests for parole leave of 30 days on the ground of infection in intestine of the convict-prisoner, who was undergoing treatment at VS Hospital, Ahmedabad. She has reported that IG Prison has granted two days parole leave, the extension for further period of two days was moved before the IG Prison, however, it is not yet determined.

The respondent No.3 is directed to dispose of such application dated 28.12.2018 as claimed by the petitioner is filed that day. However, since the convict-prisoner has surrendered to the jail authority, he can renew his request and pursue the application filed dated 28.12.2018 for the purpose as claimed by her. If there is no such application filed by her dated 28.12.2018, she is at liberty to file afresh and it is expected that respondent No.3 shall consider it in accordance with law.

In view thereof, the present Special Criminal Application is rejected.

ABHISHEK

(UMESH A. TRIVEDI, J.)