Guddukumar Subhashbhai Kanojiya vs State Of Gujarat
2021 Latest Caselaw 6776 Guj

     R/SCR.A/5706/2021                                ORDER DATED: 23/06/2021




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION NO. 5706 of 2021

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            GUDDUKUMAR SUBHASHBHAI KANOJIYA
                              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 MONALI BHATT ADDL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 23/06/2021

                              ORAL ORDER

1. Rule. Learned APP Ms. Monali Bhatt waives service of Rule on behalf of the respondent - State.

2. 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 of conviction passed by the learned Sessions Court.

3. Jail remarks shows that the applicant has been convicted for the offence punishable under Section 304 (Part II) of IPC and sentenced to life imprisonment, the applicant having undergone imprisonment of 3 years and 4 months as of now. Jail remarks further shows that the applicant has not been released on any kind of leave whatsoever herein before. The jail conduct of the applicant is also stated to be good.

R/SCR.A/5706/2021 ORDER DATED: 23/06/2021

4. In view of the above and considering the averments stated in the application, this Court is inclined to grant 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. The applicant convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.

After the completion of parole leave, the Jail Authorities 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.

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

(NIKHIL S. KARIEL,J) Y.N. VYAS