Kishor Punjabhai Sagathiya vs State Of Gujarat

      R/SCR.A/13623/2022                                ORDER DATED: 27/02/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 13623 of 2022

==========================================================
                           KISHOR PUNJABHAI SAGATHIYA
                                     Versus
                           STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR HARDIK SONI, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 27/02/2023
                                   ORAL ORDER

1. Heard learned Additional Public Prosecutor Mr. Hardik Soni for the respondent - State.

2. Rule. Learned Additional Public Prosecutor Mr. Soni waives service of Rule on behalf of the respondent - State.

3. By way of this application the applicant prays for being released on parole leave for the purpose of attending after death rituals of his father.

4. Jail remarks would show that the applicant is convicted for offences punishable under Section 302, 323 and 114 of the Indian Penal Code and sentenced to undergo life imprisonment vide judgment dated 14.09.2007. It would appear that as of now the applicant has undergone imprisonment for more than 15 years and 01 month. It would also appear that the applicant had been lastly released on furlough leave in the month of August-

R/SCR.A/13623/2022 ORDER DATED: 27/02/2023 September, 2022 and on parole leave in the month of May, 2022. It would also appear that as and when the applicant had been released hereinbefore, he has scrupulously surrendered in time. Though it appears that the conduct of the applicant is not good as per the jail remarks, but having regard to the facts noted hereinabove, from a perusal of the jail remarks, this Court is inclined to consider the present application. The applicant is directed to be released on parole leave for a period of 10 Days (Ten Days) from the date of his actual release on executing personal bond of Rs.5,000/- (Rupees Five Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority.

5. The applicant convict shall surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.

6. Registry is directed to communicate this order to the concerned Jail Authority forthwith.

(NIKHIL S. KARIEL,J) BDSONGARA Page 2 of 2 Downloaded on : Mon Feb 27 20:47:41 IST 2023