[email protected] Ramanbhai Chauhan vs State Of Gujarat
2023 Latest Caselaw 185 Guj

      R/SCR.A/138/2023                              ORDER DATED: 07/01/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 138 of 2023

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                     [email protected] RAMANBHAI CHAUHAN
                                    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
MS. ASMITA PATEL, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                              Date : 07/01/2023

                                ORAL ORDER

1. Rule. Learned APP waives service of notice of rule on behalf

of the respondent- State of Gujarat.

2. This is an application filed by the applicant-convict through

jail seeking parole leave for a period of 30 days on the ground that

he wants to engage the lawyer to file appeal before this Court.

3. Heard learned APP appearing for the respondent-State and

perused the jail remarks.

4. Ms. Asmita Patel, learned APP appearing for the respondent-

State, has invited attention of this Court to the jail remarks of the

applicant and has submitted that judgment and order of conviction

R/SCR.A/138/2023 ORDER DATED: 07/01/2023

was passed on 16.09.2022 and the applicant-convict has never been

released. Therefore, she has objected to grant of this application.

5. Considering the jail remarks, it transpires that the applicant

had been in judicial custody during the trial. The applicant has been

convicted for the offence punishable under Sections 302 and 452 of

the I.P.C. and Section 135 of the G.P. Act. From the jail remarks, it

further transpires that his jail conduct is reported to be good.

6. Considering the above aspects, I am of the opinion that the

present application requires consideration and accordingly, the

same is partly allowed. The applicant - convict is ordered to be

released on parole leave for a period of 15 Days from the date of

his actual release on usual terms and conditions. The applicant-

convict shall surrender to the Jail Authority on completion of the

parole leave, without fail. During the period of parole leave, the

applicant-convict shall not abuse the liberty granted to him and

shall maintain law and order.

7. The applicant-convict shall mark his presence once in a week

during his parole leave before the concerned police station and

shall not leave the State of Gujarat.

R/SCR.A/138/2023 ORDER DATED: 07/01/2023

8. Rule is made absolute to the aforesaid extent. Registry is

directed to communicate this order to the concerned jail authority

by fax or e-mail forthwith.

(NISHA M. THAKORE,J) SUYASH