Dhaval @ Dhaval Gando Mansukhbhai ... vs State Of Gujarat
2021 Latest Caselaw 5088 Guj

      R/SCR.A/3302/2021                                                ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION NO.              3302 of 2021

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      DHAVAL @ DHAVAL GANDO MANSUKHBHAI KAKADIYA THROUGH
                  PRITESH JAGDISHBHAI HIHORIYA
                              Versus
                        STATE OF GUJARAT
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Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
 for the Respondent(s) No. 2,3
MR RC KODEKAR, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

                           Date : 06/04 / 2 0 2 1

                              ORAL ORDER

[1] RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.

[2] The present application has been filed by the convict praying to release him on parole leave on the ground of filing an appeal before the Supreme Court.

[3] Heard Ms.Jadeja, learned advocate for the applicant and Mr.Kodekar, learned Additional Public Prosecutor appearing for the respondent-State. Ms.Jadeja submitted that, on earlier occasion, the convict was granted parole by this Court for 21 days from 20.2.2021 to 12.3.2021. She submitted that the convict wants to challenge the order of this Court dated 18.2.2021 dismissing his appeal. She submitted that the convict has got the copy of the judgment on 8.3.2021 and as his time to surrender was near, he could file appeal. She further submitted that since the convict wants to file an appeal before the Supreme Court, the convict has to engage an advocate and he has to get

R/SCR.A/3302/2021 ORDER

the documents translated. Therefore, she prays that this application may be allowed and the convict may be released on parole for some time.

[4] Learned APP has objected to grant of this application as the convict was released recently.

[5] Considered the submissions made by both side and I have also gone through the jail record of the convict. The convict was recently released in the month of February and March for 21 days, however, during that period, the convict could not get certified copy of the judgment in time and could not file appeal. The convict also has to get some documents translated and he also wants to arrange for the funds, therefore, this Court is of the opinion that the application requires consideration. Hence, the present application is partly allowed. The applicant - convict is ordered to be released on parole leave for a period of Three Weeks from the date of his actual release on usual terms and conditions and during this period he shall mark his presence to the nearest police station once in a week between 11 a.m. to 2 p.m.. The convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall not abuse the liberty granted to him and shall maintain law and order. It is clarified that no further extension shall be granted to the convict. Rule is made absolute accordingly.

(DR. A. P. THAKER, J) R.S. MALEK