Gujarat High Court
Jignesh @ Jago S/O Amaratbhai Ukabhai ... vs State Of Gujarat on 12 July, 2023
R/SCR.A/8517/2023 ORDER DATED: 12/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8517 of 2023
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JIGNESH @ JAGO S/O AMARATBHAI UKABHAI GOHEL
Versus
STATE OF GUJARAT
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Appearance:
MR BJ PRIYADARSHI(6016) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
Mr. Hardik Mehta, Addl. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 12/07/2023
ORAL ORDER
1. Rule. 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 to release him on parole leave for a period of 30 days on the ground of filing appeal before this Court.
3 Heard learned Additional Public Prosecutor appearing for the respondent- State. I have gone through the jail record of the convict. Mr. Mehta, learned Additional Public Prosecutor has placed on record the order dated 11.07.2023 passed by the IGP, Prison refusing parole leave of the present applicant. The same is permitted to be taken on record. Mr. Mehta has invited attention of this Court to the jail remarks and has submitted that applicant was convicted recently by order dated 4.5.2023 passed by the learned Additional Sessions Judge, Ahmedabad (Rural). He Page 1 of 2 Downloaded on : Thu Jul 13 20:43:25 IST 2023 R/SCR.A/8517/2023 ORDER DATED: 12/07/2023 further submitted that the applicant is convicted for the offence punishable under Section 307, 342, 376 and 394 of the IPC and is awarded sentence of 10 years imprisonment and considering the fact that he has undergone brief period of sentence of two months, present application may not be entertained.
4. Considering the submissions made by the learned advocates for the respective parties and having perused the jail remarks, I am of the opinion that the application requires consideration. Hence, the present application is partly allowed. The applicant - convict is ordered to be released on parole leave for a period of 15 days from the date of his actual release on usual terms and conditions and on further condition that applicant shall mark his presence once in a week during this period before the concerned police station. The applicant shall also not leave the State of Gujarat during this period. 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. Registry is also directed to communicate this order to jail authority by Fax/Email.
(NISHA M. THAKORE,J) KAUSHIK J. RATHOD Page 2 of 2 Downloaded on : Thu Jul 13 20:43:25 IST 2023