Maheshbhai Parshotambhai Patanvadiya vs State Of Gujarat on 3 May, 2018

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Gujarat High Court

Maheshbhai Parshotambhai Patanvadiya vs State Of Gujarat on 3 May, 2018

Bench: Sonia Gokani

       R/SCR.A/3569/2018                            ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION NO. 3569 of 2018

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            MAHESHBHAI PARSHOTAMBHAI PATANVADIYA
                           Versus
                      STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the PETITIONER(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 MS JUSTICE SONIA GOKANI

                           Date : 03/05/2018

                            ORAL ORDER

Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

The applicant has filed this application seeking parole leave. The applicant has been convicted in Sessions Case No. 177/2010 for the offence punishable under Sections 304, 325, 323, 144, 147, 148, 149, 143 of the Indian Penal Code. He has undergone sentence of 7 years and 9 months.

He has been granted parole and furlough leave on regular basis. There is no clue with regard to his appeal in the papers and the same is not available from the jail record also. He desires to help his family. In the month of August 2017 he has been enlarged for the same purpose also.

Bearing in mind overall details that have been narrated in the application, which has been sent through jail authority, Page 1 of 3 R/SCR.A/3569/2018 ORDER application deserves to be considered.

Considering the facts and circumstances of the case as also the jail record, this Court is of the view that the applicant is required to be released on parole leave for a period of 15 days from from the date of his actual release and on his furnishing a bond of Rs.20,000/( Rupees Twenty Thousand Only) with one surety of the like amount to the satisfaction of the jail authority concerned and subject to the conditions that the applicant shall:

(a) not to contact any prosecution witnesses nor any kind of untoward incident would be tolerated. The I.O. to move an application for cancellation of parole leave if any action is noticed which is contrary to the law;

(b) not in any manner directly or indirectly make any inducement, threat or promise to any witness nor would act in contravention of prevalent law;

(c) at the time of execution of bond, furnish his residential address to the Jail Superintendent and shall not change the residence without prior permission;

(d) not breach any law or take law in his hand while on parole leave;

(e) not leave the State of Gujarat without prior permission of this Court;

On completion of the aforesaid parole leave period, the applicant shall surrender himself before the jail authorities in time.

Page 2 of 3

R/SCR.A/3569/2018 ORDER Any default on the part of the applicant shall meet with a consequential order.

Applicant's return to the jail after completion of the aforesaid period shall be intimated to this Court by the jail authority by a written communication.

Office to send a copy of this order to the Superintendent of the concerned Jail, forthwith. Rule is made absolute to the above extent.

(Ms. SONIA GOKANI, J.) ksdarji Page 3 of 3

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