Gujarat High Court
Bharatbhai vs State on 7 July, 2008
Author: Md Shah
Bench: Md Shah
SCR.A/1328/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1328 of 2008 ========================================================= BHARATBHAI MOTIBHAI PARMAR - Applicant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : THROUGH JAIL for Applicant(s) : 1, Mr UC Bhatt, Addl.PUBLIC PROSECUTOR for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 07/07/2008 ORAL ORDER
1. The present petitioner has preferred this application to release him on parole leave to enable him to prefer appeal before the Hon'ble Apex Court, as his appeal being Criminal Appeal No. 245 of 1999 preferred by him against the judgment and conviction order passed by the learned Addl.Sessions Court, Nadiad for the offence under sections 302, 342, 323, 34, 143, 147, 138 and 149 of IPC. As per the jail record, he is in jail since 10 years. In past, whenever he was released on parole/furlough leave, he surrendered in time. His jail conduct is also good. His application for parole leave has been rejected by the Addl.District Magistrate, Vadodara by order dated 18.6.2008.
2. In view of the above, this application is partly allowed. The convict-prisoner is ordered to be released on parole leave for 20 days on his furnishing a personal bond in the sum of Rs.2000/- before the jail authority and on condition that he shall surrender immediately on completion of the parole leave granted to him. He will also not misuse his liberty during the period of parole leave.
[M.D. SHAH, J.] msp