Rathod (Bharwad) Bhimabhai ... vs State Of Gujarat
2021 Latest Caselaw 5475 Guj

         R/SCR.A/4541/2021                                               ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO. 4541 of 2021

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 RATHOD (BHARWAD) BHIMABHAI DANABHAI THRO TRAD LALJIBHAI
                       DEVABHAI
                         Versus
                   STATE OF GUJARAT
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Appearance:
SONAL J BHAVSAR(7399) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR L B DABHI, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                                   Date : 07/05/2021

                                    ORAL ORDER

1. RULE. Learned APP Mr.L B Dabhi waives service of Rule on behalf of the respondent­State.

2. This is a petition for parole leave by the convict through his brother, who is convicted by the Sessions Court, Rajkot and is ordered to undergo life imprisonment in Sessions Case No.56 of 2007 by judgment and order dated 09.10.2007.

3. Learned Advocate for the petitioner submitted that son of the applicant viz.Darshan, Aged 21 years was met with an accident before few days and he got fracture at his left nasal bone. Therefore, as a father, the presence of the applicant is very much required to manage financial assistance for treatment

R/SCR.A/4541/2021 ORDER

of his son.

4. Learned APP submitted that the applicant has undergone more than 12 years of imprisonment and lastly, he was released in January­2020 on temporary bail and has surrendered 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 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