R/SCR.A/15982/2023 ORDER DATED: 08/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 15982 of 2023 With R/SPECIAL CRIMINAL APPLICATION NO. 13060 of 2024 With R/SPECIAL CRIMINAL APPLICATION NO. 1759 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 1759 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 3547 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 3547 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 3618 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 3618 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 3773 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 6157 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 6157 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 6280 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 6280 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 8946 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 9407 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 9432 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 9432 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 4106 of 2025 With CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO. 2 of 2025 In CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 4106 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 4056 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 R/SCR.A/15982/2023 ORDER DATED: 08/08/2025 In R/SPECIAL CRIMINAL APPLICATION NO. 4056 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 9884 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 9884 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 9952 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 9998 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 9998 of 2025 With R/SPECIAL CRIMINAL APPLICATION NO. 10075 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 10075 of 2025 ========================================================== MAHMADFARUQ USMANGANI MEMAN Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR P P MAJMUDAR(5284) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3 MR HARDIK DAVE, PUBLIC PROSECUTOR WITH MS. SHRUTI PATHAK, AND MR HARDIK MEHTA, APP for the Respondent(s) No. 4 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/08/2025 COMMON ORAL ORDER 1) RULE returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 – State of Gujarat. 2) With the consent of learned counsel appearing for respective parties, present petitions are taken up for final hearing today. 3) By way of present petitions under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”), the petitioners have prayed to quash and set aside the impugned order/s passed by the Department of Home, Government of Gujarat, whereby the petitioners have been denied R/SCR.A/15982/2023 ORDER DATED: 08/08/2025 remission under Section 432 of the CrPC. 4) Pursuant to the earlier directions, today Deputy Secretary, Home Department, Mr. Mayursinh Vaghela has remained present in the Court. 5) At the outset, learned Public Prosecutor upon instructions from Deputy Secretary, Home Department, has fairly submitted that as per the directions issued by this Court, order/s of remission or refusal of remission have been passed following the directions given by this Court and time to time directions issued by the Hon’ble Supreme Court and therefore, without entering into merit of the matters, the State Authority once again is ready and willing to reconsider the matters on merit, as expeditiously as possible. 6) From the record of these petitions, it appears that remission orders passed without assigning any reason and general order which does not reflect application of mind and proper consideration of case of convicts have been passed by the authority without verifying the facts of each case. In view of the above, prima facie, it appears that the respondent authority has not considered the application/s filed by the present petitioner/s in a fair manner and not properly assessed the material and the opinion produced before the authority. 7) Herein, as discussed above, the report of Jail Advisory Board is ambiguous and there is nothing in the said report which clearly indicate about the conduct and relevant criteria to consider the applications for remission. 8) Same time, as this Court is unable to sit in appeal or review the decision of the respondent Authority including the calculation of days and hence, the impugned order/s passed by the Authority deserve to be quashed and set aside and the matters are required to be remitted R/SCR.A/15982/2023 ORDER DATED: 08/08/2025 back to the respondent Authority to decide afresh, in light of prevailing government policy and Resolutions extending benefit of remission as well as the criteria laid down by the Hon’ble Supreme Court in the case of Nawas @ Mulanavas Vs. State of Kerala, reported in 2024 INSC 215; (a) the number of deceased who are victims of that crime and their age and gender; (b) the nature of injuries including sexual assault if any; (c) the motive for which the offence was committed; (d) whether the offence was committed when the convict was on bail in another case; (e) the premeditated nature of the offence; (f) the relationship between the offender and the victim; (g) the abuse of trust if any; (h) the criminal antecedents; and whether the convict, if released, would be a menace to the society. Some of the positive factors have been, (1) age of the convict; (2) the probability of reformation of convict; (3) the convict not being a professional killer; (4) the socio-economic condition of the accused; (5) the composition of the family of the accused and (6) conduct expressing remorse.” 9) In view of the aforesaid discussion, the impugned orders passed by the Department of Home, Government of Gujarat, are hereby quashed and set aside. The matters are remitted to the concerned authority for fresh consideration, which shall be completed within a period of eight weeks from the date of receipt of this order, without being influenced by any of the observations made herein. 10)Meanwhile, the petitioners in these petitions are hereby released on parole leave for a period of eight (8) weeks on usual terms and conditions including furnishing a bail bond of Rs.5,000/- to the R/SCR.A/15982/2023 ORDER DATED: 08/08/2025 satisfaction of the concerned jail authority, pending re-consideration of their applications by the concerned authority. The petitioners shall surrender before the jail authority without fail, in the event of any adverse decision by the said authority. 11)With the above observations and directions, present petitions along with allied applications stand disposed of. Rule is made absolute to the aforesaid extent. Direct Service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 08/08/2025 18:36:13