Sanjaybhai @ Bhopo Ratilal Thakkar vs State Of Gujarat & 2 on 19 August, 2014

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Gujarat High Court

Sanjaybhai @ Bhopo Ratilal Thakkar vs State Of Gujarat & 2 on 19 August, 2014

Bench: A.J.Desai

            R/SCR.A/3089/2014                                              ORDER




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3089 of 2014

================================================================
           SANJAYBHAI @ BHOPO RATILAL THAKKAR....Applicant(s)
                               Versus
                 STATE OF GUJARAT & 2....Respondent(s)
================================================================
Appearance:
MS SUBHADRA G PATEL, ADVOCATE for the Applicant(s) No. 1
MR RC KODEKAR ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================

            CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                    Date : 19/08/2014


                                      ORAL ORDER

1.0 Rule. Mr. RC Kodekar, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondents.

2. By way of present application, the applicant hereinconvict has prayed to release him on parole leave on the ground of sickness of his wife.

3.0 It is the case of the applicantconvict that his wife shall be operated as and when he is released on parole.

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           R/SCR.A/3089/2014                                        ORDER



4.0    It appears from the report of the Ddistrict Magistrate,  Vadodara

that wife of the applicant did visit the hospital for operation in the month of July 2014.

5.0 I have gone through the application as well as jail record of the applicantconvict. From the record, it appears that applicantconvict has been convicted for the offence punishable under Section 302,395,324, 326, 435, 436, 448, 449, 450, 451, 143, 144, 147, 148, 149 of Indian Penal Code and sentenced for life imprisonment. It appears that the applicantconvict has undergone sentence of ten years, 4 months and 16 days. It also appears from the jail record that the applicantconvict was released on parole leave from 15.01.2013 to 31.01.2013 and 05.11.2013 to 24.11.2013 and he had surrendered in time. He was also released by the concerned authority on furlough leave and he had surrendered in time. The jail conduct of the applicantconvict is found to be good.

4.0 Considering the overall facts and circumstances of the case and looking to the sentence already undergone by the applicantconvict, I am of the opinion that the application requires consideration. The applicantconvict is ordered to be released on parole leave for a period of two weeks from the date of his actual release, on executing personal bond of Rs.5000/ before the Jail Authority and surety of like amount. The applicantconvict to surrender before Jail Authority on completion of Page 2 of 3 R/SCR.A/3089/2014 ORDER the parole leave without fail. It is made clear that no extension of parole leave shall be granted to the applicant. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) niru* Page 3 of 3

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