Mukesh @ Kaliyo Maganbhai Rohit vs State Of Gujarat
2021 Latest Caselaw 6974 Guj

      R/SCR.A/5835/2021                                ORDER DATED: 25/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 5835 of 2021

==========================================================
                      MUKESH @ KALIYO MAGANBHAI ROHIT
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR J K SHAH, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 25/06/2021
                                ORAL ORDER

1. Rule. Learned Additional Public Prosecutor Mr. J.K. Shah waives service of Rule on behalf of the respondent - State.

2. Heard learned Additional Public Prosecutor Mr. J.K. Shah 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. This Court has 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) etc. of the Indian Penal Code amongst others and sentenced to undergo 10 years imprisonment, the applicant having undergone imprisonment for around 03 years and 08 months as of now and whereas the applicant has never been released on any kind of leave herein before. The jail conduct of the applicant is stated to be good.

R/SCR.A/5835/2021 ORDER DATED: 25/06/2021

5. Considering the same and considering the reasons stated in the application, this Court is 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