Gujarat High Court
Champakbhai Bhadrasing Chaudhari vs State Of Gujarat & 2 on 23 January, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/444/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 444 of 2017
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CHAMPAKBHAI BHADRASING CHAUDHARI....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS KRINA P CALLA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 23/01/2017
ORAL ORDER
1. Rule. Ms.Krina P Calla, learned Additional Public Prosecutor waives service of Rule on behalf of the respondents.
2. By way of this petition, the applicant - convict has prayed to release him on parole leave on the ground to repair his house.
3. Ms.Krina P Calla, learned Additional Public Prosecutor appearing for the respondents has opposed this application.
4. I have learned Additional Public Prosecutor for the respondents and perused the averments made in the petition. I have gone through the jail record of the convict. It appears Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Jan 24 03:08:48 IST 2017 R/SCR.A/444/2017 ORDER from the jail record that the convict has been sentenced mainly for the offence punishable under Section 302 of the Indian Penal Code and Section 135 of the B.P.Act and sentenced for life. It appears that the convict has undergone sentence of about 9 years and 6 months. Jail Record suggests that whenever the convict was released on temporary bail/furlough leave/ parole leave, he had surrendered in time and his jail conduct is found to be good.
5. In the peculiar facts and circumstances of the case, the petition deserves consideration. The applicant - convict shall be released on parole leave for a period of two weeks, from the date of his actual release, on usual terms and conditions. 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 send writ of this order to the concerned Jail authority forthwith.
(A.J.DESAI, J.) PALAK Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Jan 24 03:08:48 IST 2017