Gujarat High Court
Narshi Bhavan Piprotar vs State Of Gujarat on 6 June, 2019
R/SCR.A/6062/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 6062 of 2019
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NARSHI BHAVAN PIPROTAR
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
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE V. B. MAYANI
Date : 06/06/2019
ORAL ORDER
Heard Ms. Akshitaba Solanki, learned advocate for the applicant and Mr. L. B. Dabhi, learned Additional Public Prosecutor for the respondent-State.
2. Rule, returnable forthwith. Learned APP has waived service of Rule.
3. In the present case, the applicant-original accused is convicted in Sessions Case No.131 of 2008 by learned Additional Sessions and Fast Track Court No.3, Khambhalia, Jamnagar, for offence punishable under Sections 302, 143, 147, 148, 149, 427, 506(2) of the Indian Penal Code and Section 25(1) of the Arms Act and is sentenced to undergo life imprisonment. He has submitted this application and requested for parole leave for a period of thirty days on the ground of delivery of his wife.
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4. Learned advocate for the applicant has submitted that as per medical report, due date of delivery of wife of the convict is shown as 08/06/2019 to 13/06/2019. She has further submitted that the convict is in jail for more than nine years and jail record describes that the convict has surrendered in time on earlier occasions.
5. I have gone through the application and the details/ reasons mentioned in the application. I have also considered the jail record and remarks, submitted by learned APP. The jail record and remarks reflect that the convict has surrendered in time in the earlier occasions.
6. Having regard to the reason for which parole leave is requested for and upon considering the jail record, this Court is inclined to allow the parole leave application partly. I, therefore, order that:-
7. The convict be released on parole leave for a period of seven days from the date of his actual release on usual terms and conditions and on his executing - furnishing personal bond in the sum of Rs. 5,000/- (Rupees Five Thousand only) with one surety of like amount to the satisfaction of the jail authority and also on the condition that the convict shall:
[a] not take undue advantage of or abuse the liberty. [b] not act in manner injurious to the interest of the prosecution.
[c] not, in any manner, tamper with the evidence and/or induce or influence any witness or complainant or any person Page 2 of 3 Downloaded on : Wed Jul 03 00:18:30 IST 2019 R/SCR.A/6062/2019 ORDER connected with the case or acquainted with the facts of case and shall maintain law and order and shall furnish his address.
[d] if he is holding passport and if he has not surrendered the passport, he shall surrender the passport. [e] mark his presence at the concerned Police Station on alternative day between 11:00 a.m. to 2:00 p.m.
8. The convict shall surrender before the jail authority on or before the expiry of the parole leave, without fail.
9. The bond with surety to be submitted before the jail authority.
10. Accordingly the application is partly allowed. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(V. B. MAYANI, J) ila Page 3 of 3 Downloaded on : Wed Jul 03 00:18:30 IST 2019