R/SCR.A/3394/2023 ORDER DATED: 15/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3394 of 2023
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VORA MEMUBBHAI @ GHADIYALI ABDUL KARIM THRO MANSURI
MAKSUDBHAI RASULBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN NAI for MS GAYATRIBA B JADEJA(5152) for the Applicant(s)
No. 1
for the Respondent(s) No. 2,3
MR HARDIK SONI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 15/03/2023
ORAL ORDER
1. Rule returnable forthwith. Learned Additional Public Prosecutor Mr.Hardik Soni waives service of rule on behalf of the respondent - State.
2. By way of this application, the applicant prays for being released on parole leave for the purpose of treatment of his wife.
3. Jail remarks show that the applicant had been convicted for the offences punishable under 302 of the Indian Penal Code amongst other and sentenced to life-imprisonment. It Page 1 of 3 Downloaded on : Thu Mar 16 20:45:49 IST 2023 R/SCR.A/3394/2023 ORDER DATED: 15/03/2023 also appears that up till now, the applicant has undergone approximately 12 years and 06 months of incarceration. It also appears that lastly the applicant had been released on furlough leave in the month of November-December, 2021 and on parole leave in the month of October-November, 2022. 3.1. The jail remarks would further show that except on few occasions when the application had surrendered late by few days, generally, the applicant had surrendered in time. It also appears that the applicant had been named in the second case whereas, the applicant vide judgment of the Sessions Court has been acquitted.
4. Considering the period of incarceration undergone and having regard to the jail conduct of the present applicant, this Court is inclined to consider this application. The applicant is directed to be released on parole leave for a period of 15 days from the date of actual release on executing personal bond of Rs.10,000/- (Rupees Ten Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority.
5. The applicant convict to surrender before Jail Authority Page 2 of 3 Downloaded on : Thu Mar 16 20:45:49 IST 2023 R/SCR.A/3394/2023 ORDER DATED: 15/03/2023 on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent. Registry is directed to communicate this order to the concerned Jail Authority by fax / e-mail message forthwith.
(NIKHIL S. KARIEL,J) Bhoomi Page 3 of 3 Downloaded on : Thu Mar 16 20:45:49 IST 2023