Pareshbhai @ Bhalabhai ... vs State Of Gujarat
2021 Latest Caselaw 9938 Guj

    R/SCR.A/6737/2021                               ORDER DATED: 29/07/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 6737 of 2021

==========================================================
            PARESHBHAI @ BHALABHAI CHHOTABHAI PAREKH
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR H K PATEL, APP (2) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                           Date : 29/07/2021

                            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 applicant

through jail praying to release him on parole leave for the period

of 90 days on the ground of prevailing pandemic situation of

Corona Virus.

3. Having heard learned APP as well as jail remarks submitted

under the signature of Deputy Superintendent, Vadodara

Central Jail dated 08.07.2021, it appears that the applicant was

convicted for 20 years for the offence under Sections 376(2)and

506(2) of the Indian Penal Code vide order dated 17.01.2020,

R/SCR.A/6737/2021 ORDER DATED: 29/07/2021

passed by the 2nd Additional Sessions Court, Anand in Special

(POCSO) Case No.25 of 2017. He has undergone sentence for the

period of 4 Years, 3 Months and 19 days as on the date of

issuance of the jail remarks. It also transpires from the jail

record that he has been released by the competent authority for

14 days starting from 11.11.2020 to 24.11.2020. Thereafter, on

two occasions, his application for parole leave on the ground of

preferring an appeal against the judgment and order of

conviction has been rejected. His jail conduct reported to be

good.

4. Considering the aforesaid facts and circumstances of the case

and the sentence undergone by the applicant, I am of the

opinion that the application requires consideration. Hence, the

present application is partly allowed. The applicant is ordered to

be released on parole leave for a period of Two weeks from the

date of his actual release on furnishing solvent surety of

Rs.10,000/- on usual terms and conditions. The applicant shall

surrender before the concerned Jail Authority on completion of

the parole leave, without fail. During his release period, he shall

not leave State of Gujarat and mark his presence before the

concerned police station between 11.00 a.m. and 1.00 p.m. on

every Monday. Rule is made absolute accordingly.

R/SCR.A/6737/2021 ORDER DATED: 29/07/2021

Registry is directed to send a copy of this order to

concerned Jail Authority through e-mail or fax forthwith.

(B.N. KARIA, J) GIRISH