Rakeshkumar Manharbhai ... vs State Of Gujarat
2022 Latest Caselaw 4863 Guj

      R/SCR.A/4856/2022                              ORDER DATED: 06/05/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 4856 of 2022

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         RAKESHKUMAR MANHARBHAI KESHUBHAI VASAVA THRO
                 PARVATIBEN MANHARBHAI VASAVA
                             Versus
                       STATE OF GUJARAT
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Appearance:
MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR LB DABHI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                              Date : 06/05/2022
                               ORAL ORDER

1. RULE. Leaned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent-state.

2. By way of the present petition, the petitioner-convict has prayed to release him on parole leave for a period of 30 days on the ground of preferring an appeal before the High Court against the judgment and order of conviction dated 23.02.2022.

3. I have heard the learned advocate for the petitioner and the learned APP and have also perused the documents produced along with the petition as well as considered the jail remarks attached with the petition. Considering the grounds mentioned and looking to the jail remarks, the petition deserves to be allowed.

4. Accordingly the petition is PARTLY allowed. The petitioner- convict is ordered to be released on parole leave for a period of 10 days from the date of his actual date of release, on executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) before the jail authority and

R/SCR.A/4856/2022 ORDER DATED: 06/05/2022

on usual terms and conditions as may be imposed by the jail authority. It is clarified that, if the convict does not file an appeal against the judgment and order of conviction dated 23.02.2022 in the aforesaid period, he shall not be released on parole on the very same ground in future.

5. The petitioner-convict shall surrender before the jail authority after completion of his parole leave, without fail. No further extension shall be granted on this ground.

6. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(A. S. SUPEHIA, J) ABHISHEK/36