Citation : 2021 Latest Caselaw 61 Guj
Judgement Date : 4 January, 2021
R/SCR.A/8879/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8879 of 2020
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SAURABH @ BANTI NARENDRABHAI MAKWANA
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR. L. B. DABHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 04/01/2021
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives service
of Rule on behalf of the respondent-State.
2. The present petition is filed by the under trial prisoner
through Jail, who is aged 26 years, seeking parole leave for a
period of 30 days on the ground of for providing financial
assistance to his family members as there is no other
responsible male member in the family to take care of the
same. He was convicted for the offence punishable under
Sections-363, 366, 376 of IPC and under Sections-5(K)(L), 6
of POCSO Act by Additional Sessions Court, Anand, in
Sessions Case No.03/2017 by judgment dated 14-11-2019. He
was ordered to undergo imprisonment for 10 years.
R/SCR.A/8879/2020 ORDER
3. In view of the aforesaid facts and considering the jail report ,
the petition is partly allowed. The under trial prisoner is
ordered to be released on parole leave for a period of
7 (Seven) days from the date of his actual release, on his
furnishing a personal bond of Rs.10,000/- (Rupees Ten
Thousand Only) to the satisfaction of the jail authority, and
on a further condition that he shall surrender to the Jail
authorities on expiry of the parole leave period.
4. Rule is made absolute. Direct service is permitted.
(A.Y. KOGJE, J) PARESH SOMPURA
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