Sushant @ Babu Arunbhai Raut vs State Of Gujarat
2021 Latest Caselaw 6360 Guj

      R/SCR.A/5565/2021                                ORDER DATED: 18/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 5565 of 2021

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                          SUSHANT @ BABU ARUNBHAI RAUT
                                      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 : 18/06/2021

                                  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 convict prays for being released on parole leave for the purpose of preferring an appeal before this Court challenging the judgment and order passed by the Sessions Court.

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 Sections 304(2) amongst others of the Indian Penal Code and sentenced to undergo 10 years imprisonment, the applicant having undergone approximately 04 years and 08 months imprisonment as of now. Jail remarks also shows that the applicant has never been released on any kind of leave hereinbefore and whereas jail conduct is shown to be good.

R/SCR.A/5565/2021 ORDER DATED: 18/06/2021

5. Learned APP Ms.Mehta while opposing the application has submitted the the applicant has also been convicted for the offence under Section 392 and if this Court were to consider to grant parole leave to the applicant, some stringent conditions may be imposed.

6. Considering the same and considering the reasons stated in the application, the present application deserves consideration, at the same time some stringent conditions are also required to be imposed.

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.

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