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Gujarat High Court

Nileshkumar Naranbhai Patel Thro' ... vs State Of Gujarat & 2 on 10 May, 2017

Author: A. S. Supehia

Bench: A.S. Supehia

                 R/SCR.A/3407/2017                                             ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3407 of 2017

         ==========================================================
          NILESHKUMAR NARANBHAI PATEL THRO' JIGNASABEN NILESHKUMAR
                              PATEL....Applicant(s)
                                   Versus
                     STATE OF GUJARAT & 2....Respondent(s)
         ==========================================================
         Appearance:
         MR HEMANT B RAVAL, ADVOCATE for the Applicant(s) No. 1
         MR. RAKESH PATEL ADDL. PUBLIC PROSECUTOR for the Respondent(s)
         No. 1
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA

                                     Date : 10/05/2017


                                      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 marriage of his niece.

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 Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed May 10 23:46:26 IST 2017 R/SCR.A/3407/2017 ORDER sentenced mainly for the offence punishable under Section 302, 114, 147, 148, 149, 34 of the Indian Penal Code. Jail Record suggests that whenever the convict was released on temporary bail/furlough leave/ 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 three 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 Wed May 10 23:46:26 IST 2017