Gujarat High Court
Dineshbhai Bhikhabhai Patel ... vs State Of Gujarat on 18 November, 2021
Bench: Rajendra M. Sareen
R/SCR.A/11105/2021 ORDER DATED: 18/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 11105 of 2021
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DINESHBHAI BHIKHABHAI PATEL THROUGH VIRAL
DINESHBHAI PATEL
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
A B PATEL(7467) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR. J. K. SHAH, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 18/11/2021
ORAL ORDER
1. Rule, returnable forthwith. Mr. Shah, learned APP waives
service of notice of rule on behalf of the respondent - State.
2. The present application has been filed by the convict through
his son seeking his release on parole leave for the period of 30 days
on the ground of availing legal recourse.
3. Heard Mr. Patel, learned advocate for the petitioner and Mr.
Shah , learned APP for the respondent - State.
4. It is submitted by Mr. Patel, learned advocate that the
present petitioner was convicted by the trial Court for 05 years and
sentence to be run concurrently. Against such conviction order of
the trial Court, the petitioner had preferred an appeal bearing
Criminal Appeal no.737 of 2013. The State has also filed appeal
being Criminal Appeal no.1359 of 2013 for enhancement. The
appeal of the petitioner was dismissed and the appeal of the State
R/SCR.A/11105/2021 ORDER DATED: 18/11/2021
has been allowed by the this Court vide order dated 1 st March,
2016 and sentence was enhanced for 10 years. Against such
judgment the petitioner - convict has approached the Supreme
Court by filing SLP, which was allowed and the order of
enhancement passed by this Court was set aside. The original
order of conviction of the trial Court to undergo sentence of 05
years was restored.
5. It is submitted by Mr. Patel, learned advocate for the
petitioner that the co-accused Bipinbhai Bhimjibhai Savani has
approached this High Court by filing Criminal Misc. Application
no.1 of 2021 in Special Criminal Application no.1303 of 2020
seeking direction on bail and vide order dated 15 th April, 2021, the
Co-ordinate Bench of this Court released the accused on bail on
usual terms and conditions till final disposal of Special Criminal
Application no.1303 of 2020, as the said co-accused viz. Bipinbhai
B. Savani has completed sentence of 05 years and 04 months.
6. It is further submitted that in concurrence to that, as the
present petitioner has also undergone sentence of more than 05
years but because of financial condition he could not approach the
Court, and as the order passed by this Court in co-accused's matter
is also applicable to him, he wants to move the substantial petition
for direction. Therefore, he requests to allow this application.
7. Mr. Shah, learned APP has produced the jail remarks. On
perusing the same, it reveals that the petitioner has undergone 05
years 01 month in the jail. It also appears that the petitioner-
convict has been lastly released on parole from 20 th June, 2021 to
09th July, 2021 i.e. for the period of 20 days for helping the family.
R/SCR.A/11105/2021 ORDER DATED: 18/11/2021
8. Considering the aforesaid facts and circumstances of the case
coupled with the fact that the petitioner - convict has lastly been
released in the month of June-July, 2021 and as such he wants to
file substantial petition, which appears to be a genuine reason in
view of the order passed by the Co-ordinate Bench in case of other
co-accused, this application requires consideration. Hence, the
present application is partly allowed. The petitioner - convict is
ordered to be released on parole leave for the period of 15 days
from the date of his actual release on usual terms and conditions.
The convict shall surrender to the Jail Authority on completion of
the parole leave, without fail. During the period of parole leave,
the convict shall not abuse the liberty granted to him and shall
maintain law and order.
9. Rule is made absolute to the aforesaid extent. Registry
to communicate this order to the concerned Court/authority by Fax
or E-mail forthwith.
(RAJENDRA M. SAREEN, J.)
AMAR RATHOD...
