Gujarat High Court
Mahesh @ Bhadro Mulji Chauhan Dalit vs State Of Gujarat on 17 March, 2023
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/SCR.A/3538/2023 ORDER DATED: 17/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3538 of 2023
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MAHESH @ BHADRO MULJI CHAUHAN DALIT
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 L B DABHI, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 17/03/2023
ORAL ORDER
1. Rule returnable forthwith. Learned Additional Public Prosecutor Mr.L.B.Dabhi waives service of Rule on behalf of the respondent - State.
2. By way of this application, the applicant prays for being released on parole leave for the purpose of providing financial assistance to his family.
3. Jail remarks show that applicant had been convicted for the offences Page 1 of 4 Downloaded on : Sat Mar 18 20:40:19 IST 2023 R/SCR.A/3538/2023 ORDER DATED: 17/03/2023 punishable under Sections 302, 376, 376(J), 394, 324, 201 and 135 of the Indian Penal Code and minimum 20 years of sentenced. It also appears that up till now, the applicant has undergone approximately 13 years and 07 months of incarceration. It also appears that the applicant had been released on parole leave on three occasions and whereas lastly the applicant had been released on parole leave in the month of September 2022, he had absconded for a period of 10 days and whereas he had been apprehended by the police authority.
4. Learned advocate, Ms.Solanki appearing for the applicant would submit that the said period had been regularized by the learned Coordinate Bench of this Court. She would further voluntarily submit that the applicant is ready to deposit an amount of Rs.50,000/- before the jail authorities, which amount with the Page 2 of 4 Downloaded on : Sat Mar 18 20:40:19 IST 2023 R/SCR.A/3538/2023 ORDER DATED: 17/03/2023 standard surety for the applicant to surrender back in time.
5. Considering the submissions made by the learned advocate, Ms.Solanki appearing for the applicant and also considering the period of incarceration the applicant has already undergone, this Court is inclined to allow this application. The applicant is directed to be released on parole leave for a period of 15 days from the date of actual release on executing personal bond of Rs.10,000/- (Rupees Ten Thousand Only) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority. The applicant shall be released only after depositing the amount of Rs.50,000/-, the said amount shall stand as surety for the applicant to surrender in time. If, the applicant surrender in time, the said amount shall be returned forthwith by the jail Page 3 of 4 Downloaded on : Sat Mar 18 20:40:19 IST 2023 R/SCR.A/3538/2023 ORDER DATED: 17/03/2023 authorities. In case, the applicant surrenders late or abscond, the said amount shall stand forfeited.
6. The applicant convict to surrender before Jail Authority on completion of parole leave, without fail.
7. With these observations and directions, this application is allowed.Rule is made absolute to the aforesaid extent.
8. Registry is directed to communicate this order to the concerned Jail Authority by fax/email message forthwith.
(NIKHIL S. KARIEL,J) M.M.MIRZA Page 4 of 4 Downloaded on : Sat Mar 18 20:40:19 IST 2023