[email protected] Ishvarbhai ... vs State Of Gujarat
2023 Latest Caselaw 264 Guj

     R/SCR.A/13612/2022                         ORDER DATED: 10/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 13612 of 2022

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                  [email protected] ISHVARBHAI VAGHARI
                                Versus
                      STATE OF GUJARAT & 2 other(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS MH BHATT ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1,2
RULE NOT RECD BACK for the Respondent(s) No. 3
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                            Date : 10/01/2023

                             ORAL ORDER

1. The present application has been filed by the applicant - convict, through jail praying to release him on parole leave on the ground of extending financial help to his family.

2. Learned APP Ms. Bhatt has placed on record report dated 10.01.2023 submitted by the Police Inspector, Khambhat Rural Police Station, Dist. Anand. She has invited attention of this Court to the contents of the FIR as well as judgment and order dated 29.09.2022 passed by the learned Additional Sessions Judge, Anand, in Special POCSO No.20 of 2017. She has further submitted that the applicant - convict is convicted for the offences punishable under Sections 302, 363, 364, 376(A), 377. 397, 201 of the Indian Penal Code and Sections 4, 6, 19 of

R/SCR.A/13612/2022 ORDER DATED: 10/01/2023

the Protection of Children from Sexual Offences, Act, 2012 and has awarded sentence of capital punishment. It transpires from the record that the applicant convict was aged about 35 years at the time of commission of offence and has committed rape and murder of minor victim girl, who was aged about three and half years. The capital punishment awarded by the learned Sessions Judge was reduced by this Court vide order dated 23.03.2021 passed in Criminal Confirmation Case No.3 of 2020 and has been awarded the sentence of life imprisonment.

In view of the above, present application seeking parole leave is not entertained. Rule is discharged.

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