Gujarat High Court
Patel Parasottambhai @ Pashabhai ... vs State Of Gujarat on 21 May, 2018
Author: B.N. Karia
Bench: B.N. Karia
R/SCR.A/4317/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4317 of 2018
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PATEL PARASOTTAMBHAI @ PASHABHAI MOHANBHAI THROUGH
PATEL JAYESHBHAI PARSHOTTAMBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR BJ PRIYADARSHI(6016) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3
PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 21/05/2018
ORAL ORDER
1. Rule. Mr. Hardik Soni, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent no. 1 - State of Gujarat.
2. By way of this petition, the applicant - convict has prayed to release him on parole leave on the ground to renew the bank loan.
3. Mr. Hardik Soni, learned Additional Public Prosecutor has opposed this petition.
4. I have heard learned Additional Public Prosecutor for the respondents and perused the averments made in the petition. I have gone Page 1 of 2 R/SCR.A/4317/2018 ORDER through the jail record of the convict. It appears from the jail record that the convict has been sentenced mainly for the offence punishable under Sections 143, 147, 302, 149, 307, 323, 324, 325, 435, 436, 447, 448, 336, 337, 295(A), 153(A) and 297 of the Indian Penal Code and sentenced for life. It appears that the convict has undergone sentence of about 5 years and 11 months. Jail Record suggests that whenever the convict was released on temporary bail, furlough leave and parole leave, he had surrendered in time and his jail conduct is found to be good.
5. In the peculiar facts and circumstances of the case, the petition deserves consideration. The applicant - convict shall be released on parole leave for a period of ten days, from the date of his actual release, on usual terms and conditions. The applicant - convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
Registry is directed to send writ of this order to the concerned Jail authority forthwith. Direct service is permitted.
(B.N. KARIA, J) Bhoomi Page 2 of 2