Hiteshbhai @ Bhuriyo Revabhai ... vs State Of Gujarat
2022 Latest Caselaw 4875 Guj

     R/SCR.A/4469/2022                                     ORDER DATED: 06/05/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 4469 of 2022

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                  HITESHBHAI @ BHURIYO REVABHAI TADVI
                                 Versus
                       STATE OF GUJARAT & 2 other(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR.RONAK RAVAL, 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 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 04.12.2021.

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 27.01.2022 passed by the Additional District Magistrate, Vadodara, is hereby quashed and set aside. The applicant- accused is ordered to be released on parole leave for a period

R/SCR.A/4469/2022 ORDER DATED: 06/05/2022

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.

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/103