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The Gujarat High Court on Friday granted a 15-day conditional release to a convict serving a life sentence for arson of the Sabarmati express in Godhra. The High Commissioner’s Committee held that the granting of parole did not mean suspension of sentence, but rather counted as part of sentence, and did not interfere with pending appeal proceedings before the Supreme Court. The Gujarat government opposed parole citing case law.
Hassan Ahmad Charkha, better known by the name Lalu, transferred the High Commissioner last month seeking 60 days’ parole for attending the marriage of his relatives on 16 July. Sharkha’s lawyers indicated that his prison record was good, that he had been granted parole before and surrendered on time and no untoward incident had been reported during his earlier release.
However, the state opposed granting parole, citing Supreme Court case law. It said that convicts are not entitled to parole or leave while an appeal against conviction and sentence is pending at a higher appeals court, in this case the Court of Appeal.
Sharkha’s appeal against his conviction is still pending before the Supreme Court, and his bail application is still pending before the Supreme Court. The state said that the judicial courtesy calls on the Supreme Council to refrain from exercising its powers in this regard, as the matter is referred to the Court of Appeal on appeal. It also stated that the release of the convict on conditional release would amount to suspension of sentence, which is only permitted under Article 389 of the Code of Criminal Procedure, and therefore, the exercise of powers under the jurisdiction would amount to interfering with the jurisdiction of the Court of Appeal, which is filed in Appeal against belief.
Justice Nisha Thakuri of the High Court noted that, relying on previous rulings, it has been shown that the administrative arm of the government does not have the power to grant parole when the appeal of the convicts is pending, and that if parole has been granted, it has already been held by the High Court to fall short of Penalty suspension level. Also refers to the Prisons (Bombay Leave and Parole) Rules, 1959, Justice
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