Sushant Sarabesvar Tanti vs State Of Gujarat
2023 Latest Caselaw 132 Guj

     R/SCR.A/13799/2022                              ORDER DATED: 05/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 13799 of 2022

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                          SUSHANT SARABESVAR TANTI
                                    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
MS ASHMITA PATEL ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                Date : 05/01/2023

                                  ORAL ORDER

1. The present application has been filed by the applicant - convict, praying to release him on parole leave for a period of 30 days on the ground to file the appeal before the Hon'ble Supreme Court challenging the judgment and order dated 07.01.2022 passed by the learned Special Court, Jamnagar, for the offence punishable under Section 20(b) and 22(b) of the NDPS Act, whereby the applicant has been directed to undergo sentence of 10 years.

2. Ms. Ashmita Patel, learned APP has invited attention of this Court to the jail remarks. She has submitted that the applicant convict has been convicted in second case being NIA (Special) No.05/2015, S.T.01(1)/2019 by the learned Special Court, Kolkata, wherein the applicant convict has undergone sentence of almost 6 years and on completion of such sentence on 29.11.2019, present

R/SCR.A/13799/2022 ORDER DATED: 05/01/2023

applicant has been sent in the custody at Rajkot, Central Jail. She further invited attention of this Court to the fact that prior to that, the applicant while he was released on temporary bail on 25.01.2015 for a period of 28 days, he was reported to be absconding almost for a period of 93 days. She, therefore, objected to grant of this application, more particularly, when the applicant - convict has been convicted for the offence under the NDPS Act.

3. Considering the submissions made by the learned APP as well as on examination of the jail remarks, this Court is not inclined to exercise discretion, more particularly, when the applicant - convict had remained absconded for a period of 93 days, while he was released on temporary bail and that too in second offence, he has been again convicted, present application stands dismissed.

Needless to say that the applicant - convict can always prefer an appeal through the Legal Aid Committee, which may be extended by the Jail Authority.

(NISHA M. THAKORE,J) Y.N. VYAS