Vora Memubbhai @ Ghadiyali Abdul ... vs State Of Gujarat
2023 Latest Caselaw 2284 Guj

     R/SCR.A/3394/2023                         ORDER DATED: 15/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 3394 of 2023

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     VORA MEMUBBHAI @ GHADIYALI ABDUL KARIM THRO MANSURI
                   MAKSUDBHAI RASULBHAI
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR KISHAN NAI for MS GAYATRIBA B JADEJA(5152) for the Applicant(s)
No. 1
for the Respondent(s) No. 2,3
MR HARDIK SONI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                           Date : 15/03/2023

                            ORAL ORDER

1. Rule returnable forthwith. Learned Additional Public

Prosecutor Mr.Hardik Soni waives service of rule on behalf of

the respondent - State.

2. By way of this application, the applicant prays for being

released on parole leave for the purpose of treatment of his

wife.

3. Jail remarks show that the applicant had been convicted

for the offences punishable under 302 of the Indian Penal

Code amongst other and sentenced to life-imprisonment. It

R/SCR.A/3394/2023 ORDER DATED: 15/03/2023

also appears that up till now, the applicant has undergone

approximately 12 years and 06 months of incarceration. It

also appears that lastly the applicant had been released on

furlough leave in the month of November-December, 2021 and

on parole leave in the month of October-November, 2022.

3.1. The jail remarks would further show that except on few

occasions when the application had surrendered late by few

days, generally, the applicant had surrendered in time. It also

appears that the applicant had been named in the second case

whereas, the applicant vide judgment of the Sessions Court

has been acquitted.

4. Considering the period of incarceration undergone and

having regard to the jail conduct of the present applicant, this

Court is inclined to consider this application. The applicant is

directed to be released on parole leave for a period of 15 days

from the date of actual release on executing personal bond of

Rs.10,000/- (Rupees Ten Thousand) before the Jail

authority and on usual terms and conditions as may be

imposed by the Jail Authority.

5. The applicant convict to surrender before Jail Authority

R/SCR.A/3394/2023 ORDER DATED: 15/03/2023

on completion of parole leave, without fail. Rule is made

absolute to the aforesaid extent. Registry is directed to

communicate this order to the concerned Jail Authority by

fax / e-mail message forthwith.

(NIKHIL S. KARIEL,J) Bhoomi