Vishal Anilkumar Tivari Thro ... vs State Of Gujarat
2021 Latest Caselaw 15864 Guj

     R/SCR.A/9926/2021                                     ORDER DATED: 07/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 9926 of 2021

==========================================================
       VISHAL ANILKUMAR TIVARI THRO TIVARI NIHAL ANILKUMAR
                             Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR. HARDIK Y KOTHARI(6895) for the Applicant(s) No. 1
SUNIL H PRAJAPATI(8350) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR CHINTAN DAVE, APP (2) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                                   Date : 07/10/2021

                                    ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent - State.

2. By way of the present petition, the petitioner has prayed to release him on parole leave for a period of 30 days on the ground that he intends to file an appeal against the judgment and order of conviction dated 30.09.2021 passed by the concerned trial Court.

3. I have heard learned APP for the respondent-

State and have also perused the documents produced along with the petition including jail remarks as well as considered the averments made in this petition. In the facts of the present case, I am inclined to consider the case of the petitioner. Therefore considering the grounds mentioned and the averments made in the

R/SCR.A/9926/2021 ORDER DATED: 07/10/2021

petition, the present petition deserves to be allowed.

4. Therefore, the present petition stands allowed partly. The petitioner is ordered to be released on parole leave for a period of fourteen days from the date of his actual release, on executing personal bond of Rs.5,000/- (Rupees Five Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority. The authorities shall adhere to its own Circular relating to COVID-19.

5. The petitioner shall surrender before Jail Authority on completion of parole leave, without fail.

6. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J)

Pallavi