Karamvirsing @ Sonu Rakeshsing ... vs State Of Gujarat
2021 Latest Caselaw 5640 Guj

     R/SCR.A/5210/2021                                 ORDER DATED: 08/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 5210 of 2021

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               KARAMVIRSING @ SONU RAKESHSING RAJPUT
                                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 : 08/06/2021
                              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 against the judgment and order passed by the learned Special Judge (POCSO) and Sessions Judge, Surat.

4. I have 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 the offence punishable under Section 376(2)(i)(n) etc. of the Indian Penal Code and sentenced him to undergo imprisonment for a period of 10 years. Jail remarks also shows that the applicant has already undergone imprisonment for around three years and seven months. Jail remarks also shows that the applicant has not been

R/SCR.A/5210/2021 ORDER DATED: 08/06/2021

released for any reason hereinbefore. The jail conduct of the applicant also stated to be good.

5. Considering the reasons stated in the application and considering the jail remarks, I am inclined to allow this application. 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) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority.

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

7. 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.

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

(NIKHIL S. KARIEL,J) BDSONGARA