Rameshbhai Naranbhai Gohil vs State Of Gujarat
2021 Latest Caselaw 7729 Guj

      R/SCR.A/6138/2021                                ORDER DATED: 05/07/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 6138 of 2021

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                          RAMESHBHAI NARANBHAI GOHIL
                                    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
MS M D MEHTA, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 05/07/2021
                                 ORAL ORDER

1. Rule. Learned Additional Public Prosecutor Ms. M.D. Mehta waives service of Rule on behalf of the respondent - State.

2. Heard learned Additional Public Prosecutor Ms. M.D. Mehta for the respondent - State.

3. By way of this application the applicant prays for being released on parole leave for the purpose of preferring an appeal before this Court challenging the judgment and order of Sessions Court, Jamnagar.

4. This Court has gone through the Jail record of the applicant as well as considered the averments made in the application. Jail remarks shows that the applicant has been convicted for two offences i.e. for offence punishable under Section 125 of the Criminal Procedure Code and for offence punishable under Sections 302 etc. of the Indian Penal Code amongst others. Jail remarks also shows that the applicant has not been released on any kind of leave herein before and whereas the applicant having undergone around 03 years and 10 months imprisonment as of now.

R/SCR.A/6138/2021 ORDER DATED: 05/07/2021

5. Learned APP Ms. Mehta has submitted that in case this Court were to consider to grant parole leave to the applicant, some stringent conditions may be imposed to ensure that the applicant may not abscond.

6. Considering the jail remarks of the applicant and considering the submissions made by learned APP Ms. Mehta for the respondent-State, this Court is of the opinion that since the applicant has not been released herein before on any kind of leave, the present application deserves consideration, at the same time some stringent conditions are also required to be imposed to allay the apprehension of the learned APP that the applicant might abscond from the parole leave.

7. In view of the discussion hereinabove, the present application is allowed. The applicant is directed to be released on parole leave for a period of two weeks from the date of his actual release on executing personal bond of Rs.10,000/- (Rupees Ten Thousand Only) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority. Furthermore, the applicant shall mark his presence before the nearest Police Station after a period of one week from his release on parole leave.

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

9. After the completion of parole leave, the Jail Authority shall admit the applicant in jail after strictly following the Circular dated 03.06.2020 relating to COVID-19 issued by the Superintendent of Jail, Ahmedabad.

10. Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.

(NIKHIL S. KARIEL,J) BDSONGARA