Vismitaben Jayantibhai Vora vs State Of Gujarat
2021 Latest Caselaw 5357 Guj

       R/SCR.A/3993/2021                                           ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 3993 of 2021

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                     VISMITABEN JAYANTIBHAI VORA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR DHARMESH DEVNANI, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                              Date : 05/05/2021

                               ORAL ORDER

1. RULE. Learned APP Mr.Dharmesh Devnani waives service of Rule on behalf of the respondent­State.

2. This is a petition for parole leave by the petitioner­convict, who has been convicted by the District Court, Rajkot and is ordered to undergo life imprisonment in Sessions Case No.58 of 2008 vide judgment and order dated 14.09.2010. Against the same judgment, the applicant has preferred Criminal Appeal No.1895 of 2010 before this Court and this Court confirmed the judgment of the District Court, Rajkot. Against the judgment of this Court, the applicant has preferred SLP No.7943/2017 before the Apex Court and Apex Court has dismissed the applicant's SLP.

3. Learned Advocate for the petitioner submitted that

R/SCR.A/3993/2021 ORDER

the petitioner's is having two minor children, one daughter is studying in Standard­10 and one son is studying in Standard­4. At present, the petitioner's daughter is residing in hostel and petitioner's son is residing at home. Hence, being a mother, her presence is required for taking care of his minor son. It is further submitted that petitioner's husband parents are no more and at present there is no one in the family for taking care of applicant's minor son.

4. Learned APP submitted that from the jail report, it appears that earlier when the petitioner was released on bail, he has reported in time. The jail conduct is also reported to be good.

5. In that view of the matter, the petition is partly allowed. The petitioner is ordered to be enlarged on parole leave for a period of 10 days (Ten Days) from the date of her actual release on usual terms and conditions, including furnishing a bail bond of Rs. 5,000/­ to the satisfaction of the jail authority.

The       petitioner           shall    surrender        before         the        jail
authority          on     or   before      the       expiry   of     the       parole
leave.        Rule is made absolute.


          Direct service is permitted.


                                                                   (A.Y. KOGJE, J)
GIRISH