Babudas Mathurdas Devmurari vs State Of Gujarat
2022 Latest Caselaw 4865 Guj

     R/SCR.A/4394/2022                                      ORDER DATED: 06/05/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 4394 of 2022

==========================================================
                         BABUDAS MATHURDAS DEVMURARI
                                     Versus
                           STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR.L.B.DABHI, APP for the Respondent(s) No. 1
==========================================================

 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 application, the applicant-accused has prayed, through jail, to release him on parole leave on the ground of preferring appeal against the judgment and conviction order dated 29.01.2022.

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

4. Accordingly the application is PARTLY allowed. The order dated 12.04.2022 passed by the Jail Authority, Rajkot, is hereby quashed and set aside. The applicant-accused is ordered to be released on parole leave for a period of 12 days

R/SCR.A/4394/2022 ORDER DATED: 06/05/2022

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 on usual terms and conditions as may be imposed by the jail authority.

5. The applicant-accused shall surrender before the jail authority after completion of his parole leave, without fail. If no appeal is filed against the said order, he shall not be entitled to parole in future on the very same ground.

6. Rule is made absolute to the aforesaid extent. Registry is directed to intimate the concerned jail authority/District Magistrate about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode.

(A. S. SUPEHIA, J) MAHESH BHATI/79