Vinodbhai @ Vinubhai Amarshibhai ... vs State Of Gujarat
2023 Latest Caselaw 271 Guj

      R/SCR.A/484/2023                         ORDER DATED: 10/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 484 of 2023

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     VINODBHAI @ VINUBHAI AMARSHIBHAI RATOJA THROUGH RATOJA
                     RAMESHBHAI AMARSHIBHAI
                              Versus
                        STATE OF GUJARAT
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Appearance:
PARTY IN PERSON(5000) 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 : 10/01/2023

                            ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.

2. The present application has been filed by the applicant - convict, through his elder brother is praying to release him on parole leave on the ground to file Criminal Appeal against the judgment and order of conviction passed by the Court below.

3. Heard Learned Additional Public Prosecutor appearing for the respondent- State. I have gone through the jail record of the convict. It appears from the jail record that the applicant was convicted for the offence punishable under Sections 302, 34 of the Indian Penal Code and under Section 3(2)(v) of the Atrocity Act and sentenced to undergo life imprisonment. He has already undergone sentence of about 6 years and 5 months.

R/SCR.A/484/2023 ORDER DATED: 10/01/2023

4. Considering the aforesaid facts and circumstances of the case and the sentence undergone by the convict, I am of the opinion that the application requires consideration. Hence, the present application 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 convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall mark his presence before the concerned Police Station once in a week, not to leave the State of Gujarat, not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly. Registry to communicate this order to the concerned Jail authority by Fax / E-mail.

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