Rafikbhai Rahimbhai Habibani vs State Of Gujarat
2021 Latest Caselaw 5359 Guj

        R/SCR.A/4403/2021                                               ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 4403 of 2021

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                      RAFIKBHAI RAHIMBHAI HABIBANI
                                  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 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 convict who is convicted by the 5th Additional Sessions Court, Rajkot and is ordered to undergo 10(Ten) Years imprisonment in Sessions Case No.248 of 2006 vide judgment and order dated 31.03.2014.

3. Learned Advocate for the petitioner submitted that while imposing the imprisonment of 10 Years, 5th Additional Sessions Court, Rajkot has imposed fine of Rs.3000/­ and in default of payment of the fine, further imprisonment of 9 months is ordered to be imposed. Therefore, the petitioner wants to pay fine of Rs.3000/­ for saving himself from further imprisonment of 9 months.

R/SCR.A/4403/2021 ORDER

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 7 days ( Seven Days) from the date of his 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