Gujarat High Court
Jayantibhai Ravjibhai Patel vs State Of Gujarat on 18 July, 2023
NEUTRAL CITATION
R/SCR.A/8798/2023 ORDER DATED: 18/07/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8798 of 2023
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JAYANTIBHAI RAVJIBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS. MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 18/07/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule for and on behalf of the respondent - State.
2. Heard Ms. Manjula Chauhan, learned advocate for the applicant-convict. Learned advocate has placed on record the details of amount of the penalty imposed by the learned Judicial Magistrate. She has placed reliance upon the order dated 24.05.2023 passed by the learned Additional Sessions Judge, Dhrangadhra in CRMA No. 179 of 2023 and allied matters and has submitted that the convict has approached the Court of learned Additional Sessions Judge by way of an appeal under Section 378(4) Page 1 of 4 Downloaded on : Sat Sep 16 22:00:45 IST 2023 NEUTRAL CITATION R/SCR.A/8798/2023 ORDER DATED: 18/07/2023 undefined of Cr.P.C. along with leave to appeal. The convict has also preferred an application seeking suspension of sentence. However, as on date the delay has been condoned and the admission and hearing of the appeal along with suspension of sentence would take some time. She has, therefore, urged this Court to consider the present application for parole leave on the ground that the applicant-convict may make arrangement towards payment of the fine amount as imposed by the learned Magistrate in the proceedings under Section 138 of NI Act wherein the present applicant-convict has been convicted.
3. Learned APP Ms. Monali Bhatt has appeared on behalf of respondent-State. She has placed on record the jail remarks and has opposed the grant of present application. The attention of this Court is invited to the amount of fine being imposed by the learned Magistrate in each of the case and has submitted that the applicant- convict has been recently convicted by the learned Magistrate by order dated 05.06.2023 and the applicant- convict has undergone brief period of sentence. She has Page 2 of 4 Downloaded on : Sat Sep 16 22:00:45 IST 2023 NEUTRAL CITATION R/SCR.A/8798/2023 ORDER DATED: 18/07/2023 undefined alternatively submitted that let strict condition be imposed in order to secure the payment of fine amount, which the applicant-convict intends to deposit before the learned Sessions Judge.
4. Considering the submissions made by the learned advocates appearing for the respective parties and having perused the jail record as well as the order passed by the Co-ordinate Bench in the case of the present applicant-convict in two different offences arising out of 138 of NI Act, this Court is inclined to exercise its discretion. The Court is inclined to grant parole leave noticing the fact that though the applicant-convict has undergone sentence of hardly 01 month and 13 days after the order of conviction, the applicant-convict is required to make arrangement of amount which he intends to deposit against the fine amount imposed by the learned Magistrate. The Court also notices the earlier conduct of the applicant-convict wherein pursuant to the order passed by the Co-ordinate Bench in SCRA No. 5314 of 2023 with SCRA No. 5315 of 2023, the applicant- convict has deposited such amount and as submitted by Page 3 of 4 Downloaded on : Sat Sep 16 22:00:45 IST 2023 NEUTRAL CITATION R/SCR.A/8798/2023 ORDER DATED: 18/07/2023 undefined the learned advocate for applicant-convict, he has been enlarged on bail pending such appeal before the learned Sessions Judge. Considering the nature or proceedings, let the applicant-convict be released on parole leave for a period of 21 days from the date of his actual release on usual terms and conditions. The applicant-convict shall surrender to the jail authorities on completion of parole leave, without fail. It is further directed that the applicant-convict may furnish the copy of receipt of such deposit of the amount with the treasury office of the learned Sessions Judge on his surrendering before the jail authority after completion of period of parole leave. 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 to the aforesaid extent only.
5. Direct service is permitted.
(NISHA M. THAKORE,J) SSVohra Page 4 of 4 Downloaded on : Sat Sep 16 22:00:45 IST 2023