Gujarat High Court
Ghanshyambhai @ Ghano Prabhubhai ... vs State Of Gujarat on 17 February, 2021
Author: A. P. Thaker
Bench: A. P. Thaker
R/SCR.A/1609/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1609 of 2020
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GHANSHYAMBHAI @ GHANO PRABHUBHAI DHALVANIYA
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. NISHA THAKORE, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 17/02/2021
ORAL ORDER
[1] Heard Ms. Nisha Thakore, learned Additional Public Prosecutor for the respondent - State through Video Conferencing.
[2] RULE. Ms. Nisha Thakore, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
[3] The present application has been filed by the applicant
- convict, through Jail praying to release him on 30 days parole leave on the ground of engaging private advocate for filing Appeal.
[4] Heard Ms. Nisha Thakore, 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 Page 1 of 2 Downloaded on : Thu Feb 18 04:53:03 IST 2021 R/SCR.A/1609/2020 ORDER punishable under Sections 302, 397 and 114 of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about 2 years and 6 months. From the jail record, it appears that his jail conduct is good.
[5] 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 application is partly allowed. The applicant - convict is ordered to be released on parole leave for a period of three 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. Let the convict be informed accordingly through concerned Jail authority.
[6] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.
(DR. A. P. THAKER, J) SAJ GEORGE Page 2 of 2 Downloaded on : Thu Feb 18 04:53:03 IST 2021