Gujarat High Court
Mukeshbhai Fakirbhai Dhodiya Patel vs State Of Gujarat on 20 November, 2019
Author: Sonia Gokani
Bench: Sonia Gokani
R/SCR.A/9819/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9819 of 2019
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MUKESHBHAI FAKIRBHAI DHODIYA PATEL
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR HARDIK SONI, ADDL.PUBLIC PROSECUTOR(2) for the Respondent(s)
No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 20/11/2019
ORAL ORDER
1. Rule, returnable forthwith. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent-State.
2. This is an application seeking parole leave for a period of 30 days on the ground of repairing of his house.
3. This Court has heard learned APP. The nominal roll which is forming part of the record indicates that the applicant has undergone 07 years and 03 months in jail. He was absconded for 2 years and was caught in the year 2014 and thereafter there is no parole or furlough leave granted to him. This time, for the purpose of repairation of his house he is desirous of getting parole leave. The Sarpanch of Sukhala Gram Page 1 of 3 Downloaded on : Fri Nov 22 02:07:50 IST 2019 R/SCR.A/9819/2019 ORDER Panchayat, Kaprada, Valsad has given his certificate that though he is not taking any responsibility, the fact remains that his house is in a dilapidated condition.
3.1. It is true that the applicant was absconded for 685 days and therefore as a punishment, his five furlough leaves have been forfeited and later on, two had been returned to him. He though was involved in many other cases which had identical offences under Sections 379, 413 and 114 of the IPC, in all the matters, he has been given acquittal.
4. Bearing in mind the period since he returned to jail, which is almost five years and the subsequent chronology of events of his acquital in all matters, in the opinion of this Court, rehabilitation in the society is one of the very important aspects of punishment awarded to the applicant, which the Court cannot overlook. A sufficient cooling period has passed and the cause being genuine, the Court is inclined to consider his request with certain stringent conditions.
5. For the foregoing reasons, this application is partly allowed and the applicant is granted parole leave for a period of FIFTEEN (15) DAYS from the date of his release, subject to his furnishing personal bond of Rs.15,000/( Rupees Fifteen Thousand Only) and two sureties of the like amount before the jail authority concerned. He shall also mark present at Page 2 of 3 Downloaded on : Fri Nov 22 02:07:50 IST 2019 R/SCR.A/9819/2019 ORDER the end of seven days at Sukhala Police Chauki / Station, Taluka:-
Kaprada, Valsad.
6. While on parole leave, he shall adhere to all the laws and shall not in any manner make any breach.
7. On completion of the aforesaid parole leave period, the applicant shall surrender himself before the jail authorities in time. His return shall be intimated to this Court. Any default on the part of the applicant shall meet with a serious consequential order.
8. Registry to intimate the Jail Authority concerned. Rule is made absolute, accordingly.
(SONIA GOKANI, J) Bhoomi Page 3 of 3 Downloaded on : Fri Nov 22 02:07:50 IST 2019