Shivnathray Ramakantray Yadav vs State Of Gujarat
2022 Latest Caselaw 4867 Guj

      R/SCR.A/4813/2022                              ORDER DATED: 06/05/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 4813 of 2022

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                      SHIVNATHRAY RAMAKANTRAY YADAV
                                   Versus
                         STATE OF GUJARAT & 1 other(s)
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Appearance:
THROUGH JAIL 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, through jail, 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 08.02.2022.

3. I have heard 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 order dated 18.04.2022 passed by the Additional District Magistrate, Rajkot is hereby quashed and set aside. The petitioner-convict is ordered to be released on parole leave for a period of two weeks 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. It is clarified that, if

R/SCR.A/4813/2022 ORDER DATED: 06/05/2022

the convict does not file an appeal against the judgment and order of conviction dated 08.02.2022 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. Registry is directed to intimate the concerned jail authority/the concerned Court 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) ABHISHEK/47