Gujarat High Court
Harishkumar Shankarbhai Baria vs State Of Gujarat & 2 on 18 December, 2014
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/5413/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 5413 of 2014
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HARISHKUMAR SHANKARBHAI BARIA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS MD MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 18/12/2014
ORAL ORDER
[1] RULE. Ms. M. D. Mehta, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
[2] The present application has been filed by the applicant - convict, through jail praying to release him on parole leave so that he can pay maintenance amount to his wife.
[3] Heard learned Additional Public Prosecutor appearing for the respondent- State and I have gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Section 123(3) of the Criminal Procedure Code and sentenced to undergo 440 days imprisonment. He has already undergone sentence of about five months and three days. It appears from the jail record that his jail conduct is good.
[4] Considering the aforesaid facts and circumstances of the case and the sentence undergone by the convict, I am of the opinion that the application requires consideration. Hence, the present application is partly Page 1 of 2 R/SCR.A/5413/2014 ORDER allowed. The applicant - convict is ordered to be released on parole leave for a period of four weeks from the date of his actual release on executing personal bond of Rs.10,000/- (Rupees Ten thousands) before the Jail authority and on usual terms and conditions which may be imposed by the competent authority. The convict shall mark his presence once in a week before the concerned police station between 9.00 a.m to 4 p.m. The convict shall deposit at least an amount of Rs.20,000/- towards maintenance before the trial Court. The convict shall produce the receipt for the said amount to the Jail Authority. The convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly.
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