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Gujarat High Court

Babjibhai @ Bapjibhai Ramabhai Varli @ ... vs State Of Gujarat on 24 May, 2022

      R/SCR.A/5341/2022                                   ORDER DATED: 24/05/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/SPECIAL CRIMINAL APPLICATION NO. 5341 of 2022
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           BABJIBHAI @ BAPJIBHAI RAMABHAI VARLI @ VADHALI
                               Versus
                         STATE OF GUJARAT
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Appearance:
MS. MOUSAMI K VALA(6923) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR HK PATEL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                               Date : 24/05/2022
                                ORAL ORDER

[1] RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent - State.

[2] The present application has been filed by the applicant - convict, praying to release him on parole leave on the ground of providing financial assistance of the marriage of his daughter.

[3] Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent - State.

[4] Learned Additional Public Prosecutor for the respondent - State has vehemently opposed in granting the parole leave.

[5] This Court has gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Sections 302 & 452 of the Indian Penal Code and Section 37(1), 135 of Bombay Police Act and sentenced to undergo life imprisonment.

R/SCR.A/5341/2022 ORDER DATED: 24/05/2022 [6] Considering the aforesaid facts and circumstances of the case and the sentence undergone by the convict, this Court is of the opinion that the application requires consideration. Hence, the present application is partly allowed. The applicant

- convict is ordered to be released on parole leave for a period of one week from the date of his actual release on usual terms and conditions. The convict shall mark his presence once in a week before the concerned police station between 11.00 a.m to 2.00 p.m. The convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly. Direct service today is permitted.

[7] Registry is directed to intimate about this order to the concerned jail authority through fax, email and/or any other suitable electronic mode.

(HEMANT M. PRACHCHHAK,J) Manoj Page 2 of 2 Downloaded on : Tue May 24 20:39:38 IST 2022