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Gujarat High Court

Pavankumar Gangasinh Dharmnarayan ... vs State Of Gujarat on 27 September, 2022

Author: Samir J. Dave

Bench: Samir J. Dave

     R/SCR.A/10175/2022                              ORDER DATED: 27/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 10175 of 2022

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     PAVANKUMAR GANGASINH DHARMNARAYAN TOMAR (THAKUR)
              THROUGH RADHA GANGASINH TOMAR
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR. HARDIK C THAKKAR(7133) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                Date : 27/09/2022

                                 ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of respondent - State.

2. By way of present petition, the petitioner - accused through his mother has prayed to release him on parole leave for a period of 30 days on the ground of providing financial assistance to the family.

3. Heard learned advocate for the petitioner and learned APP for the respondent-State as well as considered the jail remarks. It appears from the jail remarks that the petitioner has been convicted for the offences punishable under Sections 302, 34, 392, 397 of the IPC and has been sentenced for life imprisonment. He has undergone sentence of about seven years.

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R/SCR.A/10175/2022 ORDER DATED: 27/09/2022

4. Considering the averments made in the application as well as submissions made by learned advocate for the petitioner, I am of the opinion that the present petition requires consideration. Hence, present petition is allowed. The accused shall be released on parole leave for a period of one week from the date of his actual release on usual terms and conditions which may be imposed by the concerned Jail Authority on executing of personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the satisfaction of the concerned Jail Authority and on condition that the accused shall not leave State of Gujarat without prior permission of this Court.

5. The petitioner to surrender before the concerned Jail Authority immediately on completion of parole leave period, without fail.

6. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(SAMIR J. DAVE,J) ILA Page 2 of 2 Downloaded on : Wed Sep 28 21:41:34 IST 2022