Gujarat High Court
Bipinbhai Dineshbhai Chauhan vs State Of Gujarat on 22 June, 2023
R/SCR.A/7452/2023 ORDER DATED: 22/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7452 of 2023
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BIPINBHAI DINESHBHAI CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS. VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 22/06/2023
ORAL ORDER
1. RULE. Learned APP waives service of notice of Rule on behalf of the respondent-State.
2. The present applicat-ion has been filed by the applicant- convict through jail praying to release him on parole leave for a period of 30 days on the ground of financial assistance to the family.
3. Heard learned APP appearing for the respondent-State and I have gone through the jail record of the applicant- convict. It appears from the jail record that the applicant- convict was convicted for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code and Sections 04, 06 of the Protection of Children from Sexual Offences Act and sentenced to undergo 10 years imprisonment. He has already undergone sentence of Page 1 of 2 Downloaded on : Thu Jun 22 20:50:17 IST 2023 R/SCR.A/7452/2023 ORDER DATED: 22/06/2023 about 09 months and 09 days. From the jail record, it appears that whenever the applicant-convict was released on parole leave, he surrendered in time. It also appears from the jail record that his jail conduct is good.
4. Considering the aforesaid facts and circumstances of the case and the sentence undergone by the applicant- convict, I am 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 15 days from the date of his actual release on usual terms and conditions. The applicant-convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the applicant-convict shall not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly. Registry to communicate this order to the concerned Jail authority by Fax / E-mail.
(NISHA M. THAKORE,J) SSVohra Page 2 of 2 Downloaded on : Thu Jun 22 20:50:17 IST 2023