Gujarat High Court
Dhirubhai Somabhai Chamar vs State Of Gujarat on 12 January, 2023
R/SCR.A/13774/2022 ORDER DATED: 12/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 13774 of 2022
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DHIRUBHAI SOMABHAI CHAMAR
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 12/01/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule on behalf of the respondent-State.
2. This is an application seeking parole leave for a long period of 90 days made by the applicant-convict through jail on the ground that the family of the applicant-convict is facing financial hardship. He has already substantially undergone period of sentence. Ms. Monali Bhatt, learned APP has placed on record the jail remarks as the report dated 12.01.2023 in compliance of order dated 03.01.2023, whereby, the learned APP was directed to take necessary instructions with regard to pending application under Section 433A of Cr.P.C. which is pending since 3.12.2020.
3. Considering the aforesaid report, it transpires that an application under Section 433 of Cr.P.C. is pending consideration before the Home Department since 17.09.2022. The jail remarks indicates that the applicant-convict has been convicted for the offence punishable under Section 302 of IPC is awaited since long. The applicant-convict has undergone sentence of 17 years 7 months and 6 days as on today. The applicant-convict has been released on various occasion on parole and furlough, all throughout surrendered in time. His Page 1 of 2 Downloaded on : Fri Jan 13 20:54:15 IST 2023 R/SCR.A/13774/2022 ORDER DATED: 12/01/2023 jail conduct is reported to be good. The application dated 03.12.2020 seeking early release is pending consideration for almost 2 years. The decision being not made by the State Authority of his early release and considering the sentence undergone, this Court is inclined to exercise discretion in favour of the applicant-convict.
4. The present application is allowed. The applicant-convict is directed to release on parole leave for a period of 45 days from the date of his actual release on usual terms and condition. The applicant-convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the applicant-convict shall not abuse the liberty granted to him and shall maintain law and order.
5. It is further directed that the early release application of the applicant-convict is pending consideration before the Home Department since 17.09.2022. It is directed to State Authority to take decision on such application preferably within a period of 3 weeks from the date of receipt of this order.
6. Rule is made absolute accordingly. Registry to communicate this order to the concerned Jail authority by Fax/ E-mail.
(NISHA M. THAKORE,J) Manoj Kumar Rai Page 2 of 2 Downloaded on : Fri Jan 13 20:54:15 IST 2023