Gujarat High Court
Kamleshbhai Lakhabhai Solanki vs State Of Gujarat on 29 July, 2021
Author: B.N. Karia
Bench: B.N. Karia
R/SCR.A/7142/2021 ORDER DATED: 29/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7142 of 2021
==========================================================
KAMLESHBHAI LAKHABHAI SOLANKI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR H K PATEL, APP (2) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 29/07/2021
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 through jail praying to release him on parole leave for the period of 90 days on the ground of prevailing pandemic situation of Corona Virus.
3. Having heard learned APP as well as jail remarks submitted under the signature of Deputy Superintendent, Vadodara Central Jail dated 16.07.2021, it appears that the applicant was convicted for 10 years for the offence under Sections 376(d), 323 and 114 of the Indian Penal Code vide order dated 03.03.2020, passed by the 2nd Additional Sessions Court, Nadiad, Kheda in Page 1 of 3 Downloaded on : Sun Jan 16 04:14:35 IST 2022 R/SCR.A/7142/2021 ORDER DATED: 29/07/2021 Sessions Case No.14 of 2019. He has undergone sentence for the period of 1 Year, 7 Months and 20 days as on the date of issuance of the jail remarks. It also transpires from the jail record that his application for parole leave on the ground of corona virus has been rejected vide order dated 15.06.2021, by the District Magistrate, Vadodara, and thereby, he has neither been released on temporary bail, parole leave nor on furlough. His jail conduct reported to be good.
4. Considering the aforesaid facts and circumstances of the case and the sentence undergone by the applicant, I am of the opinion that the application requires consideration. Hence, the present application is partly allowed. The applicant is ordered to be released on parole leave for a period of Two weeks from the date of his actual release on furnishing solvent surety of Rs.10,000/- on usual terms and conditions. The applicant shall surrender before the concerned Jail Authority on completion of the parole leave, without fail. During his release period, he shall not leave State of Gujarat and mark his presence before the concerned police station between 11.00 a.m. and 1.00 p.m. on every Monday and Thursday. He shall not enter in the vicinity of the complainant and witnesses. Rule is made absolute accordingly.
Page 2 of 3 Downloaded on : Sun Jan 16 04:14:35 IST 2022
R/SCR.A/7142/2021 ORDER DATED: 29/07/2021 Registry is directed to send a copy of this order to concerned Jail Authority through e-mail or fax forthwith.
(B.N. KARIA, J) GIRISH Page 3 of 3 Downloaded on : Sun Jan 16 04:14:35 IST 2022