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Gujarat High Court

Jabir Binyamin Bahera Ghanchi vs State Of Gujarat on 12 January, 2023

      R/SCR.A/418/2023                                    ORDER DATED: 12/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/SPECIAL CRIMINAL APPLICATION NO. 418 of 2023
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                              JABIR BINYAMIN BAHERA GHANCHI
                                          Versus
                                STATE OF GUJARAT & 2 other(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                   Date : 12/01/2023
                    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, through jail praying to release him on parole leave on the ground of long parole leave.

[3] Heard learned Additional Public Prosecutor appearing for the respondent- State. 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 302, 307, 323, 324, 325, 326, 332, 435, 395, 379, 143, 147, 148, 153, 186, 188, 120B and 149 of IPC and sentenced to undergo life imprisonment. He has already undergone sentence of about 19 years and 4 months. From the jail record, it appears that whenever the convict was released on parole / furlough leave, he surrendered in time.

R/SCR.A/418/2023 ORDER DATED: 12/01/2023 [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.

[5] Rule is made absolute accordingly. Registry to communicate this order to the concerned Jail authority by Fax / E-mail.

(NISHA M. THAKORE,J) Manoj Kumar Rai Page 2 of 2 Downloaded on : Fri Jan 13 20:54:31 IST 2023