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Gujarat High Court

Bhavesh @ Dharmesh @ Dhamo S/O ... vs State Of Gujarat on 9 September, 2021

Author: Vipul M. Pancholi

Bench: Vipul M. Pancholi

     R/SCR.A/8696/2021                                         ORDER DATED: 09/09/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO.                           8696 of 2021

=====================================================
 BHAVESH @ DHARMESH @ DHAMO S/O JAYESHBHAI DEDKAWALA
        THROUGH RANJANBEN JAYESHBHAI DEDKAWALA
                        Versus
                   STATE OF GUJARAT
=====================================================
Appearance:
MS MANJULA CHAUHAND for MS BHAKTI M JOSHI(3820) for
the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR CHINTAN DAVE, APP (2) for the Respondent(s) No. 1
=====================================================

 CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                               Date : 09/09/2021

                                     ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent - State.

2. By way of the present petition, the petitioner has prayed to release him on parole leave for a period of 30 days on the ground that the petitioner wants to prefer an appeal against the order of conviction dated 22.06.2021 passed by the concerned Trial Court. The petitioner has been convicted for the offence punishable under Sections 302, 392, 452, 201 and 188 of the Indian Penal Code.

3. I have heard learned APP for the respondent-

State and have also perused the documents Page 1 of 2 Downloaded on : Sun Jan 16 13:43:30 IST 2022 R/SCR.A/8696/2021 ORDER DATED: 09/09/2021 produced along with the petition including jail remarks as well as considered the averments made in this petition. Therefore considering the grounds mentioned and the averments made in the petition, the present petition deserves to be allowed.

4. Therefore, the present petition stands allowed partly. The petitioner is ordered to be released on parole leave for a period of two weeks from the date of his actual release, on executing personal bond of Rs.5,000/- (Rupees Five Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority. The authorities shall adhere to its own Circular relating to COVID-19.

5. The petitioner shall surrender before Jail Authority on completion of parole leave, without fail.

6. Rule is made absolute to the aforesaid extent.

Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(VIPUL M. PANCHOLI, J) Pallavi Page 2 of 2 Downloaded on : Sun Jan 16 13:43:30 IST 2022