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Gujarat High Court

Gambhirsinh Babusinh Parmar vs State Of Gujarat on 9 February, 2021

Author: A. P. Thaker

Bench: A. P. Thaker

          R/SCR.A/1344/2021                               ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION NO. 1344 of 2021
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                      GAMBHIRSINH BABUSINH PARMAR
                                 Versus
                           STATE OF GUJARAT
==========================================================
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
==========================================================

    CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

                              Date : 09/02/2021

                               ORAL ORDER

[1] Heard Ms. Moxa Thakkar, learned Additional Public Prosecutor for the respondent - State through Video Conferencing.

[2] RULE. Ms. Moxa Thakkar, 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 parole leave on the ground of providing financial assistance to his family.

[4] Heard Ms. Moxa Thakkar, 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 : Wed Feb 10 00:24:43 IST 2021 R/SCR.A/1344/2021 ORDER punishable under Sections 302, 397 of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about 17 years and 10 months. From the jail record, it appears that whenever the convict was released on parole / furlough leave, he surrendered in time. It also appears from the jail record 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.

[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 : Wed Feb 10 00:24:43 IST 2021