Gujarat High Court
Ganeshbhai Balubhai Dhodiya Patel vs State Of Gujarat on 28 June, 2021
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/SCR.A/5894/2021 ORDER DATED: 28/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5894 of 2021
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GANESHBHAI BALUBHAI DHODIYA PATEL
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS SHRUTI PATHAK ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 28/06/2021
ORAL ORDER
1. Rule. Learned APP Ms. Shruti Pathak waives service of Rule on behalf of the respondent - State.
2. By way of this application, the applicant convict prays for being released on parole leave till his last application for remission under Section 433A of the Code of Criminal Procedure is not considered by the Advisory Committee, the applicant having stated about adverse family circumstances in this application.
3. Jail remarks shows that the applicant has been convicted for the offence punishable under Section 302 amongst other offences of IPC and sentenced for life imprisonment, the applicant having undergone imprisonment of approximately 16 year and 3 months. Jail remarks further shows that lastly the applicant had been released on furlough in the month Page 1 of 2 Downloaded on : Sat Jan 15 09:05:10 IST 2022 R/SCR.A/5894/2021 ORDER DATED: 28/06/2021 of November, 2020 and on parole leave, in the month of December, 2019 - January, 2020. The jail conduct of the applicant is also stated to be good.
4. In view of the above, this Court is inclined to grant this application. The applicant is directed to be released on parole leave for a period of four weeks from the date of his actual release on executing personal bond of Rs.10,000/- (Rupees Ten Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority. The applicant convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
After the completion of parole leave, the Jail Authorities shall admit the applicant in jail after strictly following the Circular dated 03.06.2020 relating to COVID-19 issued by the Superintendent of Jail, Ahmedabad.
Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.
(NIKHIL S. KARIEL,J) Y.N. VYAS Page 2 of 2 Downloaded on : Sat Jan 15 09:05:10 IST 2022