Gujarat High Court
Bharatbhai Ravjibhai Solanki Thro ... vs State Of Gujarat on 25 August, 2021
Author: B.N. Karia
Bench: B.N. Karia
R/SCR.A/7949/2021 ORDER DATED: 25/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7949 of 2021
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BHARATBHAI RAVJIBHAI SOLANKI THRO RAVJIBHAI CHHOTABHAI
SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
Mr. H.K.Patel, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 25/08/2021
ORAL ORDER
RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
The present application has been filed by the applicant praying to release him on parole leave for a period of 30 days on the ground of filing an appeal against his conviction order.
Heard learned advocate for the applicant and learned Additional Public Prosecutor appearing for the respondent- State.
Learned APP for the respondent -State has objected the prayer made by the applicant. He further submits that the applicant was convicted for the offence punishable under Section 376, 376(J) and 506(2) of the Indian Penal Code as well as Section 4 and 6 of the POCSO Act for 20 years imprisonment and therefore, no leniency can be taken in favour of the applicant by releasing him on parole leave. Hence, it was requested by learned APP for the respondent -State to dismiss the present Page 1 of 2 Downloaded on : Sun Jan 16 10:02:36 IST 2022 R/SCR.A/7949/2021 ORDER DATED: 25/08/2021 application.
Having heard learned advocate for the applicant as well as learned APP for the respondent-State and considering the aforesaid facts and circumstances of the case, it appears that out of the sentence awarded to the applicant, the applicant has undergone sentence about 5 months and 4 days. It further appears from the jail remarks that his jail conduct is good. Therefore, I am of the opinion that the application requires consideration. Hence, the present application is partly allowed.
The applicant 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 applicant shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the applicant shall not abuse the liberty granted to him and shall maintain law and order. During his release period, he shall not enter into the vicinity wherein, the complainant resides; he shall not leave State of Gujarat and shall mark his presence before the concerned police station between 11.00 a.m. to 1.00 p.m. on every Monday. Rule is made absolute accordingly.
Registry is directed to send a copy of this order to concerned Jail Authority through e-mail or fax forthwith.
(B.N. KARIA, J) BEENA SHAH Page 2 of 2 Downloaded on : Sun Jan 16 10:02:36 IST 2022