Gujarat High Court
Bhupatbhai Bachubhai Chavda Thro ... vs State Of Gujarat on 16 February, 2023
Author: Rajendra M. Sareen
Bench: Rajendra M. Sareen
R/SCR.A/1698/2023 ORDER DATED: 16/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1698 of 2023
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BHUPATBHAI BACHUBHAI CHAVDA THRO MADHUBEN W/O
BHUPATBHAI CHAVDA
Versus
STATE OF GUJARAT
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Appearance:
MR DHRUV D DESAI(9909) for the Applicant(s) No. 1
MR. HARDIK D. MEHTA, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 16/02/2023
ORAL ORDER
1. This Application is filed by the Applicant / convict challenging the order dated 7.1.2023 passed by the Additional District Magistrate, Rajkot wherein the Parole Application has been rejected.
2. The Applicant has filed the Application seeking long parole on the ground of sickness of his wife who is suffering from Unstable Angina.
3. Heard learned Advocate for the Applicant and learned APP for the Respondent - State.
4. As per the jail remarks, the Applicant / convict has undergone 3 years and 7 month and last Parole has been granted in the year 2022 for 48 days.
5. Under the circumstances, considering the jail remarks, documentary evidence like medical papers and certificates of the wife of the Applicant, who Page 1 of 2 Downloaded on : Fri Feb 17 21:11:51 IST 2023 R/SCR.A/1698/2023 ORDER DATED: 16/02/2023 require continuous follow up, 10 days Parole Leave is granted to the Applicant on the condition that the Applicant will not pray for extension. The application is allowed. The Applicant is ordered to be released on parole for a period of 10 days from the date of his actual release, upon his furnishing a personal bond of Rs.5,000/- (Rupees Five Thousand only) with a surety of the like amount to the satisfaction of the jail authority, and on a further condition that he shall surrender to the Jail authorities on expiry of the parole period and shall not ask for any extension.
6. The application is allowed in the aforesaid terms. Rule is made absolute. Direct service is permitted.
(RAJENDRA M. SAREEN,J) J.N.W / 46 Page 2 of 2 Downloaded on : Fri Feb 17 21:11:51 IST 2023