Gujarat High Court
Vashrambhai Gagjibhai Chavda vs State Of Gujarat & 2 on 11 May, 2017
Author: A. S. Supehia
Bench: A.S. Supehia
R/SCR.A/3414/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3414 of 2017
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VASHRAMBHAI GAGJIBHAI CHAVDA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MS GAYATRIBA B JADEJA, ADVOCATE for the Applicant(s) No. 1
MR.J.K SHAH ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 11/05/2017
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondents.
2. By way of this petition, the applicant - convict has prayed to release him on parole leave on the ground of payment of school fees of applicant's daughter.
3. Learned Additional Public Prosecutor has opposed this petition.
4. I have heard learned Additional Public Prosecutor for the respondents and perused the averments made in the petition. I have gone through the jail record of the convict. It appears from the jail record that the convict has been sentenced mainly for the offence punishable under Sections 302, 144, 148, 149 of the Indian Penal Code and under Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu May 11 23:41:34 IST 2017 R/SCR.A/3414/2017 ORDER section 135 of the B.P. Act. It appears that the convict has undergone sentence of rigorous imprisonement for life. Jail Record suggests that whenever the convict was released on parole leave, he had surrendered on time and his jail conduct is found to be good.
5. In the peculiar facts and circumstances of the case, the petition deserves consideration. The applicant - convict shall be released on parole leave for a period of seven days, from the date of his actual release, on usual terms and conditions. The applicant - convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
Registry is directed to send writ of this order to the concerned Jail authority forthwith.
(A. S. SUPEHIA, J.) MARY Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu May 11 23:41:34 IST 2017