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2019 Supreme(Guj) 986

SONIA GOKANI
Mohammad Parvez Abdulkyum Shaikh – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Hemant B Raval
For the Respondent: Ms. Maithili Mehta, APP

ORDER :

Rule returnable forthwith. Ms. M.D. Mehta, learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent­State.

1. The applicant is convicted and sentenced to suffer imprisonment for life. He completed 8 years of his sentence. He convicted in Special Case No. 10 of 2003 on 25.06.2007 under Section 302 of the Indian Penal Code. The Criminal Appeal No. 981 of 2007 was allowed by this Court on 29.08.2011. Thereafter, the present applicant with other convicts approached the Apex Court by way of Criminal Appeal No. 140 of 2012. The applicant had been convicted by the Apex Court.

2. The applicant, after once the appeal had rejected by the Apex Court, surrendered on his own on 22.07.2019.

3. It is the grievance on the part of the applicant that he has been denied the furlough leave, although, the main convict­Asgarali has also granted furlough leave, prior to the confirmation of the conviction by the Apex Court. According to the applicant, he is the sole male member responsible for the funds needed by the family. The applicant is therefore before this Court seeking following main relief:

    ”A” Your Lordships be pleased to allow this application.

(B)

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