Shaileshbhai Chhaganbhai @ ... vs State Of Gujarat
2021 Latest Caselaw 6977 Guj

     R/SCR.A/5853/2021                                ORDER DATED: 25/06/2021




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION NO. 5853 of 2021

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    SHAILESHBHAI CHHAGANBHAI @ SHANABHAI THAKOR
                              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
MR JK SHAH ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 25/06/2021

                               ORAL ORDER

1. Rule. Learned APP Mr. J.K. Shah 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 filing appeal before this Court.

3. Jail remarks shows that the applicant has been convicted for the offence punishable under Section 376 amongst other offences of IPC and sentenced to 10 years imprisonment by the learned Sessions Court vide judgment and order dated 25.02.2020. The jail remarks further shows that the applicant having undergone imprisonment of 1 year and 7 months as of now. Jail remarks further shows that the applicant has not been released herein before during the period when he is in prison. The jail conduct of the applicant is also stated to be good.

R/SCR.A/5853/2021 ORDER DATED: 25/06/2021

4. In view of the above and considering that release is sought for preferring an appeal before this Court, 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