Aravind Babubhai Tarasibhai ... vs State Of Gujarat
2023 Latest Caselaw 622 Guj

     R/SCR.A/872/2023                           ORDER DATED: 20/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 872 of 2023

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                  ARAVIND BABUBHAI TARASIBHAI SOLANKI
                                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
MR RONAK RAVAL ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                            Date : 20/01/2023

                             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 jail praying to release him on parole leave on the ground to file Appeal before this Court against the judgment and order of conviction passed by the learned Sessions Court.

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 convict was convicted for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code as well as Section 4 and 6 of POSCO Act and sentenced to undergo life imprisonment. He has already undergone sentence of about 4 years and 7 months. It also

R/SCR.A/872/2023 ORDER DATED: 20/01/2023

appears from the jail record that his jail conduct is good.

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 and also on condition that he shall mark his presence once in a week before the concerned police station and shall not leave the State of Gujarat. 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 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