Veliyabhai Ravaliyabhai Nayka ... vs State Of Gujarat
2022 Latest Caselaw 7469 Guj

     R/SCR.A/8869/2022                                 ORDER DATED: 29/08/2022




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO. 8869 of 2022

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      VELIYABHAI RAVALIYABHAI NAYKA THRO BACHIBEN
                        VELIYABHAI NAYKA
                               Versus
                         STATE OF GUJARAT
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Appearance:
MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 29/08/2022

                                ORAL ORDER

1. This petition is filed by the petitioner seeking parole leave for a period of 30 days on the ground of filing appeal against the judgment and order of conviction.

2. Heard, Ms. Akshitaba Solanki, learned advocate for the petitioner and the learned Additional Public Prosecutor for the respondent - State.

3. Rule. Learned APP waives service on behalf of the respondent - State.

4. The learned advocate for the petitioner submits that the petitioner is held to be guilty for the offence under the NDPS Act and sentenced to RI for

R/SCR.A/8869/2022 ORDER DATED: 29/08/2022

10 years. She submits that the petitioner desires to file an appeal against the order of conviction and hence, his presence is required for doing necessary arrangements.

5. Per contra, learned APP for the respondent - State has opposed the present petition looking to the nature and gravity of offence for which, the petitioner was charged with and sentenced imposed upon him and submitted that the present petition may not be entertained.

6. Regard being had to the submissions and having gone through the papers placed on record as well as the jail remarks, it appears that the petitioner has undergone 01 year, 4 months and 25 days' imprisonment as on 26.08.2022. Further, his jail conduct appears to be satisfactory. Accordingly, the Court is inclined to exercise discretion in favour of the present petitioner. Present petition, therefore, succeeds and is allowed in part. The petitioner is ordered to be released on parole leave for a period of 10 days from the date of his actual release on his furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the concerned jail authority and on usual terms and conditions. The petitioner shall surrender to the jail authority on expiry of the parole leave period.

7. Rule is made absolute accordingly. Direct service is permitted.

[ A. C. Joshi, J. ] hiren /11