Gujarat High Court
Raju @ Rajeshbhai Ishwarbhai Vaghri vs State Of Gujarat on 29 July, 2021
Author: B.N. Karia
Bench: B.N. Karia
R/SCR.A/7133/2021 ORDER DATED: 29/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7133 of 2021
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RAJU @ RAJESHBHAI ISHWARBHAI VAGHRI
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
MR H K PATEL, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 29/07/2021
ORAL ORDER
1. The present application has been filed by the applicant through jail praying to release him on parole leave for the period of 90 days on the ground of prevailing pandemic situation of Corona Virus.
2. Having heard learned APP as well as jail remarks submitted under the signature of Deputy Superintendent, Vadodara Central Jail dated 15.07.2021, it appears that the applicant was convicted for capital punishment vide order dated 29.09.2020 for the offence punishable under Sections 302, 363, 364, 376(a), 377, 397 and 2014 of the Indian Penal Code and Sections 4, 6 and 18 of the POCSO Act by the Additional Session Court, Anand in Special (POCO) Case No. 20 of 2017. As per the jail Page 1 of 2 Downloaded on : Sun Jan 16 04:13:56 IST 2022 R/SCR.A/7133/2021 ORDER DATED: 29/07/2021 remarks, it transpires that thereafter, this Court, vide order dated 23.03.2021 passed in Criminal Confirmation Case No.3 of 2020 converted the capital conviction of applicant into life imprisonment. From the jail remarks, it transpires that he has undergone 3 years, 4 months and 28 days imprisonment as on date.
3. The reasons given by the present applicant suggest that his family is suffering from certain problems on account of prevailing pandemic situation of Covid-19, and therefore, many time his presence is required in the family for providing financial assistance. The reason shown by the present applicant does not inspire the confidence to accept his prayer to release him on parole leave. Therefore, this Court is not inclined to release him on parole leave. Hence, present application stands dismissed.
(B.N. KARIA, J) GIRISH Page 2 of 2 Downloaded on : Sun Jan 16 04:13:56 IST 2022