Gujarat High Court
Mistry(Gajjar) Shankarbhai Kashiram ... vs State Of Gujarat on 20 April, 2018
Author: S.G. Shah
Bench: S.G. Shah
R/SCR.A/3140/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3140 of 2018
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MISTRY(GAJJAR) SHANKARBHAI KASHIRAM THROUGH
MISTRY(GAJJAR) RAMILABEN SHANKARLAL
Versus
STATE OF GUJARAT
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Appearance:
MITTAL N PATEL(7614) for the PETITIONER(s) No. 1
MR.H.K.PATEL, APP for the RESPONDENT(s) No. 2,3
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 20/04/2018
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule on behalf of respondent - State.
2. Since, petitioner wants to file an appeal before this High Court and since he has not been released till date though repeatedly prayed for, I do not see any reason to refuse to release him on parole based upon any details about his conviction or commission of offence because in general, parole leave is always granted to all the convicts and while granting parole leave, the Court may consider the nature of offence, it is only for the purpose of securing, surrender and issue of law and order, if any, going to be disturbed by the convict during the parole. Thereby, nature of offence or other details of offence are not much material except for above reasons. Now, in the present case, he has been convicted under Section 376 of the Indian Penal Code, probably by the complainant his family member, it cannot be sole ground to refuse parole leave for all time to come when he has undergone imprisonment for 10 years. He has already completed almost two years in custody. Otherwise also by passage of time, he would be entitled to furlough as well as parole and for all such furlough and parole, the reason for the Page 1 of 2 R/SCR.A/3140/2018 ORDER conviction may not come in his way in any manner except imposing such condition. Therefore, irrespective of nature of crime committed by the petitioner, when he is otherwise entitled for parole and furlough during his total period of imprisonment, there is no reason to refuse a request for parole to file an appeal before this Court.
3. Therefore, present application is partly allowed. Applicant is ordered to be released on parole leave for a period of 15 (fifteen) days from the date of his actual release with following conditions:-
1. He shall furnish personal bond of Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the jail authority on usual terms and conditions
2. he shall not enter into Mahesana District and he shall disclose his address and contact number in writing where he is going to reside during the period of parole leave and he shall mark his presence before nearest Police Station on every 4th day during his parole leave
3. In any case petitioner should not meet the complainant-
victim, even if complainant-victim wants to meet him either directly or indirectly, for the purpose, though there cannot be condition against other family member, petitioner should be careful that even if he meet his wife he should avoid the complainant-victim.
4. He shall disclose the number of appeal before the jail authority when he surrender back. If appeal is not filed then applicant may not be entitled to get parole leave on the same ground hereinafter. On completion of the parole leave, the petitioner shall surrender before the jail authority in time. Rule is made absolute to that extent.
(S.G. SHAH, J) VARSHA DESAI Page 2 of 2