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Gujarat High Court

Mahendra @ Manu Jivrambhai Soni vs State Of Gujarat on 6 September, 2023

                                                                                NEUTRAL CITATION




     R/SCR.A/11561/2023                           ORDER DATED: 06/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 11561 of 2023

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                     MAHENDRA @ MANU JIVRAMBHAI SONI
                                  Versus
                            STATE OF GUJARAT
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR. TIRTHRAJ PANDYA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                              Date : 06/09/2023

                               ORAL ORDER

1. The present application is filed by the Applicant through jail for enlarging the Applicant on Parole leave.

2. Learned APP waives service of Rule on behalf of the Respondent State.

3. The applicant is in jail since last Twenty Two years for the offences under Section 302, 34, 397, 201 and 120B of the Indian Penal Code and, wherein the concerned Court has awarded Life imprisonment. It is submitted that the coordinate bench vide order in the month of January, 2023 has granted Parole Leave to the Applicant for a period of 15 days and the Applicant has surrendered in time. As per the Jail Report, the conduct of the Applicant convict is reported to be not good.

NEUTRAL CITATION R/SCR.A/11561/2023 ORDER DATED: 06/09/2023 undefined Therefore, it is prayed to grant Parole leave on the ground mentioned in the Application.

4. Learned APP has fairly submitted that the applicant is in jail since last more than Twenty Two years and has therefore prayed for Parole Leave on the ground of filing petition in the Hon'ble Supreme Court of India, and therefore, appropriate orders may be passed.

5. Having heard the arguments advanced by the learned APP, and considering the facts and circumstance of the case, this court is inclined to exercise discretion in favour of the applicant.

6. The application is allowed. The Applicant is ordered to be released on Parole for a period of TWO WEEKS from the date of actual release, upon furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) to the satisfaction of the jail authority, and on a further condition that the Applicant shall surrender to the Jail authorities on expiry of the Parole period.

7. The application is allowed in the aforesaid terms. Rule is made absolute. Registry is directed to communicate this order to the concerned jail authorities by fax / e-mail.

(S. V. PINTO,J) RB DESAI Page 2 of 2 Downloaded on : Sat Sep 16 16:23:17 IST 2023