Gujarat High Court
Chhaganbhai Laxmanbhai Makavana vs State Of Gujarat on 10 June, 2022
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/SCR.A/5513/2022 ORDER DATED: 10/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5513 of 2022
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CHHAGANBHAI LAXMANBHAI MAKAVANA
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 LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/06/2022
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor Mr. L.B. Dabhi waives service of Rule on behalf of the respondents.
2. By way of this application, the applicant convict prays for being released on long parole leave.
3. Jail remarks show that the applicant had been convicted on two counts for offence punishable under Section 302 read with Section 376 of the Indian Penal Code and for offence punishable under Section 392 of the Indian Penal Code. It appears that the applicant is undergoing life imprisonment with regard to offence punishable under Section 302 of the Indian Penal Code and imprisonment for 10 years for offence punishable under Section 392 of the Indian Penal Code amongst other offences. It appears that the applicant has undergone incarceration for approximately 17 years and 01 month imprisonment till now. Jail remarks also show that the applicant had been released on parole leave only once in the month of December 2019 till January 2020 and he had surrendered in time. Jail Page 1 of 2 Downloaded on : Mon Jun 13 21:11:37 IST 2022 R/SCR.A/5513/2022 ORDER DATED: 10/06/2022 conduct of the applicant is also stated to be good.
4. Having regard to the period of incarceration undergone by the applicant and considering that conduct of the present applicant, this Court is inclined to allow this application. The applicant is directed to be released on parole leave for a period of 30 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.
The applicant convict to surrender before Jail Authority 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 / email message forthwith.
(NIKHIL S. KARIEL,J) NIRU Page 2 of 2 Downloaded on : Mon Jun 13 21:11:37 IST 2022