Gautam @ Ghanshyam Ratilal Kathrotiya vs State Of Gujarat on 5 October, 2020

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Gujarat High Court

Gautam @ Ghanshyam Ratilal Kathrotiya vs State Of Gujarat on 5 October, 2020

Bench: Ashokkumar C. Joshi

          R/SCR.A/4393/2020                                         ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 4393 of 2020

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              GAUTAM @ GHANSHYAM RATILAL KATHROTIYA
                              Versus
                        STATE OF GUJARAT
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Appearance:
MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR HARDIK SONI APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 05/10/2020
                                ORAL ORDER

1. The present application is filed by Gautam @ Ghanshyam Ratilal Kathorotiya through jail for enlarging him on parole leave for a period of 30 days.

2. Rule returnable forthwith. Learned APP Mr. Hardik Soni waives service of Rule on behalf of the Respondent State.

Factual Matrix of the case is as under:

3. The applicant is languishing in jail 18.06.2012, for the offences punishable under Sections 302, 149, 307, 341, 148, 143, 147 of the IPC, wherein the concerned Court has awarded imprisonment for lifetime. It is also contended that the mother of the applicant is sufering from chest pain, Braycardia and Hypothyroidism. It is also contended that earlier parole was granted to the applicant, and he has surrendered before the Jail authority in time and has not breached law and order.

5. Per contra, learned APP has opposed the grant of parole leave and submitted that the applicant has recently enlarged on 24.03.2020 to 12.04.2020 Page 1 of 2 Downloaded on : Mon Oct 05 20:32:58 IST 2020 R/SCR.A/4393/2020 ORDER and on the same ground the applicant was enlarged recently on 19.09.2020 to 02.10.2020.

6. Having heard the arguments advanced by the learned APP, and considering the facts and circumstance of the case, this court is inclined to exercise discretion in favour of the applicant.

7. The application is allowed. The Applicant - GAUTAM @ GHANSHYAM RATILAL KATHROTIYA is ordered to be released on parole for a period of 07 days from the date of his actual release, upon his furnishing a personal bond of Rs.5,000/- (Rupees Five Thousand only) with a surety of the like amount to the satisfaction of the jail authority, and on a further condition that he shall surrender to the Jail authorities on expiry of the parole period. The Applicant shall maintain all the rules and regulations framed by the Municipality /Corporation / State Government or by any competent authority, including maintaining social distancing regarding contemporary status of COVID-19 / Corona Virus.

8. The application is allowed in the aforesaid terms. Rule is made absolute. Registry is directed to communicate this order to the concerned jail authorities by fax / e-mail.

Direct service is permitted.

(DR. ASHOKKUMAR C. JOSHI,J) Radhika Page 2 of 2 Downloaded on : Mon Oct 05 20:32:58 IST 2020

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