NEUTRAL CITATION
R/SCR.A/10081/2023 ORDER DATED: 11/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 10081 of 2023
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DILIPBHAI @ KINO MAHESHBHAI SOLANKI
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 3
MS CHETNA M SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 11/08/2023
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of the respondent - State.
2. The present application has been filed by the applicant - convict, through jail praying to release him on parole leave on the ground to engage advocate with a view to file appeal before this Court.
3. Learned APP has placed on record the judgment and order of conviction passed by the learned Additional Sessions Judge, Jetpur, Dist. Rajkot, for the offence punishable under Section 376(2)(L) of Indian Penal Code, awarding life sentence. She has invited attention of this Court to the fact that on the date of incident, the victim was aged about 19 years and mentally retarded. Learned APP has submitted that cogent evidence has been led by the prosecution, which goes to establish the Page 1 of 2 Downloaded on : Sun Sep 17 01:14:49 IST 2023 NEUTRAL CITATION R/SCR.A/10081/2023 ORDER DATED: 11/08/2023 undefined involvement of the applicant. Copy of the order dated 18.07.2022 passed by the Coordinate Bench in Special Criminal Application No.7278 of 2022 has also been placed on record. She has objected to grant of parole leave at this stage.
4. Considering the submissions of the learned APP and nominal role, which has emerged on record, this Court is not inclined to exercise its discretion to grant parole leave at this stage. It has further transpired from the record that though the liberty was granted to the applicant to file appeal, however, the applicant has not filed the appeal. In such circumstances, no case is made out to entertain present application. Hence, this application is rejected. Rule is discharged.
(NISHA M. THAKORE,J) Y.N. VYAS Page 2 of 2 Downloaded on : Sun Sep 17 01:14:49 IST 2023