Sunilbhai Dahyabhai Kharva vs State Of Gujarat
2021 Latest Caselaw 5415 Guj

       R/SCR.A/4469/2021                                          ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 4469 of 2021

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                     SUNILBHAI DAHYABHAI KHARVA
                                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 : 06/05/2021

                                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 through jail who is convicted by the Additional Sessions Court, Vadodara and is ordered to undergo life imprisonment in Sessions Case No. 19 of 2004 by judgment and order dated 15.01.2005.

3. It is stated in the petition that the petitioner wants to provide financial assistance to this family.

4. Learned APP invited attention of this Court to the jail record, wherein it is indicated that the applicant has undergone 16 years and 2 months imprisonment for the offence punishable under Section 363 and 377 of the Indian Penal Code. The jail report

R/SCR.A/4469/2021 ORDER

also indicate that lastly, the applicant was released on furlough leave for 14 days in December­2020 and every time, the whenever the applicant enlarged either on temporary or furlough leave, the applicant has reported in time before the jail authority.

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 3 (Three) Weeks 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