Mohanbhai Bhakubhai Vaghela vs State Of Gujarat on 10 February, 2021

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Gujarat High Court

Mohanbhai Bhakubhai Vaghela vs State Of Gujarat on 10 February, 2021

Bench: A. P. Thaker

      R/SCR.A/1462/2021                                                    ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION NO.                  1462 of 2021

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                          MOHANBHAI BHAKUBHAI VAGHELA
                                     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
MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

                                Date : 10/02 / 2 0 2 1

                           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, praying to release him on parole leave on the ground of treatment of his wife.

[3] Heard learned Additional Public Prosecutor appearing for the respondent- State and I have gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Sections 302, 34, 120-B, 397, 449 and 201 of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about two years and three months. From the jail record, it appears that he is not released on parole/furlough leave during this period. It also appears from the jail record that his jail conduct is good.

[4] Considering the aforesaid facts and circumstances of the case and the sentence undergone by the convict, I am of the opinion that the application requires consideration. Hence, the present Page 1 of 2 Downloaded on : Wed Jan 12 07:54:45 IST 2022 R/SCR.A/1462/2021 ORDER application is partly allowed. The applicant - convict is ordered to be released on parole leave for a period of two weeks from the date of his actual release on usual terms and conditions. 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.

(DR. A. P. THAKER, J) R.S. MALEK Page 2 of 2 Downloaded on : Wed Jan 12 07:54:45 IST 2022

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Gujarat High Court