Gujarat High Court
Nikhilesh Vijaybhai Dave Through ... vs State Of Gujarat on 21 May, 2018
Author: B.N. Karia
Bench: B.N. Karia
R/SCR.A/4318/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4318 of 2018
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NIKHILESH VIJAYBHAI DAVE THROUGH VIJAYBHAI MULVANTRAY DAVE
Versus
STATE OF GUJARAT
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Appearance:
MS HANSA V PATEL(2864) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3
MR. DHARMESH DEVNANI, ADDL. PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 21/05/2018
ORAL ORDER
1. Rule. Mr. Dharmesh Devnani, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent no. 1 - State of Gujarat.
2. By way of this petition, the applicant - convict has prayed to release him on parole leave on the ground of attending religious ceremony which is fixed on 30.05.2018.
3. Mr. Dharmesh Devnani, learned Additional Public Prosecutor has opposed this petition.
4. I have heard learned Additional Public Prosecutor for the Page 1 of 2 R/SCR.A/4318/2018 ORDER respondents and perused the averments made in the petition. I have gone through the jail record of the convict. It appears from the jail record that the convict has been sentenced mainly for the offence punishable under Sections 302, 120(B) and 397 of the Indian Penal Code and sentenced for life. It appears that the convict has undergone sentence of about 11 years and 2 months. Jail Record suggests that whenever the convict was released on temporary bail, furlough leave and parole leave, he had surrendered in time and his jail conduct is found to be good.
5. In the peculiar facts and circumstances of the case, the petition deserves consideration. The applicant - convict shall be released on parole leave for a period of one week, from the date of his actual release, on usual terms and conditions. The applicant - convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
Registry is directed to send writ of this order to the concerned Jail authority forthwith. Direct service is permitted.
(B.N. KARIA, J) Bhoomi Page 2 of 2