Gujarat High Court
Bharwad vs State on 18 May, 2012
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
Print
SCR.A/1519/2012 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1519 of 2012
=========================================
BHARWAD
VIBHA POPAT - THRO' PADMABEN V BHARWAD - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
PARTY-IN-PERSON
for Applicant(s) : 1,
MR
HK PATEL, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) : 2 - 3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 18/05/2012
ORAL
ORDER
[1] Learned APP was to produce certificate from Jail Doctor showing health condition of the petitioner. Same is produced. On perusal of the papers, it is noticed that the convict is under treatment of Jail and also from S.S.G. Hospital, Vadodara and U.N.Mehta Institute of Cardiology, Ahmedabad and his condition is found to be normal.
[2] Present application is filed by the convict through jail seeking parole leave for 60 days.
[3] Rule.
Learned Additional Public Prosecutor Mr.H.K.Patel waives service of process of Rule.
[4] Learned Additional Public Prosecutor made available for perusal the Jail Remarks. The convict is undergoing life imprisonment for the offences punishable under sections 302, 307, 397, 423 of IPC in Sessions Case No.44 of 1995. The convict has by now undergone 14 years and 9 months. The convict has enjoyed temporary bail on two occasions. But in the year 1998, when the convict was granted temporary bail, he was arrested by police after 1534 days. Thereafter, the convict has enjoyed parole leave on 14 occasions and every time he has reported in time.
[5] Taking into consideration the contents of the application, the application is allowed. The convict is ordered to be released on parole for a period of 60 days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the jail authorities.
[6] The convict shall surrender to the jail authorities on expiry of the parole period.
[7] Rule is made absolute to the aforesaid extent.
[8] Considering the fact that the convict has completed more than 14 years in jail, case is required to be considered by Advisory Board.
[ Ravi R. Tripathi, J. ] satish Top