Kalpesh @ Kishan Ashokbhai Luvana ... vs State Of Gujarat on 22 October, 2021

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Gujarat High Court

Kalpesh @ Kishan Ashokbhai Luvana ... vs State Of Gujarat on 22 October, 2021

Bench: Rajendra M. Sareen

      R/SCR.A/9742/2021                        IA ORDER DATED: 22/10/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 CRIMINAL MISC.APPLICATION (FOR EXTENSION OF PAROLE LEAVE)
                          NO. 1 of 2021
       In R/SPECIAL CRIMINAL APPLICATION NO. 9742 of 2021
==========================================================

KALPESH @ KISHAN ASHOKBHAI LUVANA (THAKKER) Versus STATE OF GUJARAT ========================================================== Appearance:

for the PETITIONER(s) No. MS JAYSHREE C BHATT for the PETITIONER(s) No. Mr D. M. Devnani, APP for the RESPONDENT(s) No. ========================================================== CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Date : 22/10/2021 IA ORDER [1] RULE. Mr. Devnani, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent - State.

[2] By way of present application, the applicant has prayed for extension of parole leave which was granted by this Court vide order dated 07.10.2021 passed in Special Criminal Application No. 9742 of 2021 on the ground of attending after- death ceremony of grandmother. Now he is seeking extension of parole leave on the ground illness of his wife.

[3] Learned advocate Ms. Bhatt submits that the petitioner has been granted temporary bail and parole leave many times and has surrendered before the Jail Authorities without any untoward incidents. It is also submitted that recently the petitioner has been released on parole leave for a period of 10 Page 1 of 3 Downloaded on : Sat Oct 23 08:30:32 IST 2021 R/SCR.A/9742/2021 IA ORDER DATED: 22/10/2021 days from 12.10.2021 to 22.10.2021 and he has to surrender on 23.10.2021. It is the say of the learned advocate of the petitioner that the wife of the petitioner namely Sunitaben is suffering from abdominal pain and after the examination by the doctor and after the U. S. G. Report it is stated by the doctor that the petitioner's wife is suffering from Uterine Fibroid and she requires laparoscopy surgery for which the petitioner's presence is required to support his wife and to also to arrange for the finance for the surgery. Moreover, there are nobody to look after the wife of the petitioner. The family of the petitioner is consisting of widow mother and minor daughter aged 7 years. For this very reasons it is prayed to allow the application and to grant extension of parole leave for a period of 45 days to the petitioner.

[4] I have read the application, perused the documents and jail remarks on record. From the jail remarks, it appears that the applicant - convict has undergone 06 years. Considering the papers annexed with the application the wife of the petitioner is suffering from Uterine Fibroid, this present application can be considered. Hence, the present application is partly allowed. The period of parole leave which was granted by this Court vide order dated 07.10.2021 passed in Special Criminal Application No. 9742 of 2021, is extended for a further period of one week i.e. from 23.10.2021 till 30.10.2021 on the same terms and conditions. The applicant shall surrender before the Jail Authorities by 12.00 p.m on 31.10.2021, without fail.

[5] With these observations this application stands allowed.

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R/SCR.A/9742/2021 IA ORDER DATED: 22/10/2021 [6] Rule is made absolute to the aforesaid extent only. Direct service is permitted, to be served through e-mail. Registry to communicate this order to the concerned authority by Fax or Email forthwith.

(RAJENDRA M. SAREEN,J) SHRIJIT PILLAI Page 3 of 3 Downloaded on : Sat Oct 23 08:30:32 IST 2021

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