Bhausaheb Sakharam Patil vs State Of Gujarat
2021 Latest Caselaw 5641 Guj

     R/SCR.A/5207/2021                                 ORDER DATED: 08/06/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 5207 of 2021

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                         BHAUSAHEB SAKHARAM PATIL
                                   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 Sessions Court, Surat, whereby the applicant has been convicted for the offence punishable under Sections 302 etc. of the Indian Penal Code and sentenced him to undergo life imprisonment.

4. I have gone through the Jail record of the applicant as well as considered the averments made in the application. Jail remarks also shows that the applicant has already undergone imprisonment for around four years and six months. Jail remarks also shows that as and when the applicant had been released on temporary bail hereinbefore, he had surrendered in time. Lastly the applicant had been released on temporary bail in the month of May, 2020. The jail conduct of the applicant also stated to be good.

R/SCR.A/5207/2021 ORDER DATED: 08/06/2021

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 ten days 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