Satishbhai @ Pappu S/O Chandubhai ... vs State Of Gujarat
2023 Latest Caselaw 744 Guj

      R/SCR.A/973/2023                            ORDER DATED: 30/01/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 973 of 2023

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      SATISHBHAI @ PAPPU S/O CHANDUBHAI DHULAJI THKAORE THRO
                    THAKORE RUPABEN SATISHBHAI
                               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
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                            Date : 30/01/2023

                              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 wife of the applicant-convict

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

of daughter of real sister of the applicant-convict.

3. Heard party-in-person and learned APP appearing for the

respondent-State.

4. This Court vide order dated 25.01.2023 had directed the

Registry to inform the party-in-person to remain present on the next

date of hearing for the reasons recorded in the order.

R/SCR.A/973/2023 ORDER DATED: 30/01/2023

5. Today, when the matter is taken up for hearing, party-in-person

is present before this Court. Upon inquiry, wife of the

applicant/convict has submitted before this Court that the marriage of

daughter of the real sister of the applicant-convict is fixed on

31.01.2023. She has, therefore, urged to grant parole leave.

6. Learned APP appearing for the respondent-State has opposed

this application by referring to and relying upon the jail remarks and

has submitted that applicant-convict was recently convicted for the

offence punishable under Sections 304 and 323 of the I.P.C. and was

awarded sentence of 10 years by judgment and order dated

03.01.2023.

7. Considering the averments made in the application and

invitation card placed on record as well as upon examining the jail

remarks, this Court is inclined to exercise its discretion in favour of the

applicant-convict.

8. Accordingly, present application is partly allowed. The applicant

- convict is ordered to be released on parole leave for a period of One

Week 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

R/SCR.A/973/2023 ORDER DATED: 30/01/2023

to him and shall maintain law and order.

9. 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.

10. 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 TODAY itself.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA