Sunilbhai Babubhai Rakani Thro ... vs State Of Gujarat
2023 Latest Caselaw 4598 Guj

      R/SCR.A/7088/2023                            ORDER DATED: 16/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/SPECIAL CRIMINAL APPLICATION NO. 7088 of 2023
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       SUNILBHAI BABUBHAI RAKANI THRO RAKANI RASHMI SUNILBHAI
                               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. M.H. BHATT, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                            Date : 16/06/2023
                              ORAL ORDER

1. Learned advocate Ms. Akshitaba Solanki has appeared through

Legal-Aid to represent the case of the applicant-convict, which has

been filed by the wife of the applicant as party-in-person.

2. Rule returnable forthwith. Learned APP waives service of notice

of rule for and on behalf of respondent-State.

3. This is an application filed by the wife of the applicant-convict

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

criminal appeal before this Court.

4. Learned APP Ms. M.H. Bhatt has appeared for the respondent-

State. She has placed on record the jail remarks of the applicant-

convict and has objected to grant of the present application.

5. Considering the averments made in the application and having

perused the jail remarks, it appears that applicant-convict has been

R/SCR.A/7088/2023 ORDER DATED: 16/06/2023

recently convicted for the offence punishable under Sections 302, 307

and 120(B) of the Indian Penal Code and Section 135 of the Bombay

Police Act, vide judgment and order dated 24.04.2023 in Sessions Case

No.520 of 2017 by Sessions Court, Ahmedabad, as awarded life

sentence.

5.1 Parole leave is sought for on the ground that applicant-convict

wants to challenge the aforesaid order of conviction. From the jail

remarks, it appears that applicant has already moved the application

to the learned District Magistrate, Rajkot seeking parole leave, which

is pending consideration since 17.05.2023.

6. Considering the aforesaid fact, present application is not

entertained and stands disposed of with a direction to the learned

Magistrate to expeditiously decide the said pending application

preferably within a period of 20 days from the date of receipt of the

copy of this order.

7. It is made clear that this Court has not gone into the merits of

the case. The competent authority may take appropriate decision in

accordance with law without being influenced by the present order.

Rule stands discharged.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA