Hirpara Bhaveshbhai Arjanbhai vs State Of Gujarat
2023 Latest Caselaw 7882 Guj

                                                                                      NEUTRAL CITATION




      R/SCR.A/14047/2023                                 ORDER DATED: 25/10/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 14047 of
                               2023

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                           HIRPARA BHAVESHBHAI ARJANBHAI
                                       Versus
                                 STATE OF GUJARAT
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Appearance:
MR BJ PRIYADARSHI(6016) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS. MONALI H. BHATT, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                  Date : 25/10/2023

                                    ORAL ORDER

1. The present application is filed by the Applicant for enlarging him on parole leave for a period of 30 days on the ground of preferring an Appeal before this Court against the judgment and order passed by the learned Sessions Judge, Amreli whereby he has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to suffer imprisonment for 24 months and out of which he has already undergone 1 Year and 5 Months.

2. Rule returnable forthwith. Learned APP waives service of Rule on behalf of the Respondent State.

3. Considering the fact that the applicant has already undergone 1 Year and 5 months out of the total awarded sentence of 24 Months punishable under the Negotiable Instruments Act so also considering the ground made out in the Application and also the fact that his jail conducted is reported to be good, the

NEUTRAL CITATION

R/SCR.A/14047/2023 ORDER DATED: 25/10/2023

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Application deserves consideration. Therefore having heard the arguments advanced by the learned Advocate for the Applicant, and considering the facts and circumstance of the case, this court is inclined to exercise discretion in favour of the applicant.

4. The application is allowed. The Applicant - HIRPARA BHAVESHBHAI ARJANBHAI is ordered to be released on Parole Leave for a period of 10 days from the date of his actual release, upon his furnishing a personal bond of Rs. 5,000/- (Rupees Five Thousand only) with a surety of the like amount to the satisfaction of the jail authority, and on a further condition that he shall surrender to the Jail authorities on expiry of the parole period.

5. The application is allowed in the aforesaid terms. Rule is made absolute. Direct service is permitted.

(M. R. MENGDEY,J) J.N.W / 28