R/SCR.A/973/2023 ORDER DATED: 30/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 973 of 2023
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SATISHBHAI @ PAPPU S/O CHANDUBHAI DHULAJI THKAORE THRO
THAKORE RUPABEN SATISHBHAI
Versus
STATE OF GUJARAT
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 30/01/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule on behalf of the respondent- State of Gujarat.
2. This is an application filed by the wife of the applicant-convict seeking parole leave for a period of 30 days on the ground of marriage of daughter of real sister of the applicant-convict.
3. Heard party-in-person and learned APP appearing for the respondent-State.
4. This Court vide order dated 25.01.2023 had directed the Registry to inform the party-in-person to remain present on the next date of hearing for the reasons recorded in the order. Page 1 of 3 Downloaded on : Mon Jan 30 20:58:32 IST 2023
R/SCR.A/973/2023 ORDER DATED: 30/01/2023
5. Today, when the matter is taken up for hearing, party-in-person is present before this Court. Upon inquiry, wife of the applicant/convict has submitted before this Court that the marriage of daughter of the real sister of the applicant-convict is fixed on 31.01.2023. She has, therefore, urged to grant parole leave.
6. Learned APP appearing for the respondent-State has opposed this application by referring to and relying upon the jail remarks and has submitted that applicant-convict was recently convicted for the offence punishable under Sections 304 and 323 of the I.P.C. and was awarded sentence of 10 years by judgment and order dated 03.01.2023.
7. Considering the averments made in the application and invitation card placed on record as well as upon examining the jail remarks, this Court is inclined to exercise its discretion in favour of the applicant-convict.
8. Accordingly, present application is partly allowed. The applicant
- convict is ordered to be released on parole leave for a period of One Week from the date of his actual release on usual terms and conditions. The applicant-convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the applicant-convict shall not abuse the liberty granted Page 2 of 3 Downloaded on : Mon Jan 30 20:58:32 IST 2023 R/SCR.A/973/2023 ORDER DATED: 30/01/2023 to him and shall maintain law and order.
9. The applicant-convict shall mark his presence once in a week during his parole leave before the concerned police station and shall not leave the State of Gujarat.
10. Rule is made absolute to the aforesaid extent. Registry is directed to communicate this order to the concerned jail authority by fax or e-mail TODAY itself.
(NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 3 of 3 Downloaded on : Mon Jan 30 20:58:32 IST 2023