Natubhai Lavjibhai Lakhtariya vs State Of Gujarat on 6 April, 2021

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Gujarat High Court

Natubhai Lavjibhai Lakhtariya vs State Of Gujarat on 6 April, 2021

Bench: A. P. Thaker

        R/SCR.A/3902/2021                                      ORDER



       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CRIMINAL APPLICATION NO. 3902 of 2021
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                     NATUBHAI LAVJIBHAI LAKHTARIYA
                                 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. R.C.KODEKAR, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

                            Date : 06/04/2021

                             ORAL ORDER

[1] RULE. Mr. R.C.Kodekar, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State.

[2] The present application has been filed by the applicant convict, through Jail praying to release him on long parole leave on the ground that he has already undergone sentence of 21 years and so on the humanitarian ground seeks long parole leave.

[3] Heard Mr. R.C.Kodekar, learned Additional Public Prosecutor appearing for the respondent State and I have gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Sections 302, 397, 120(B) of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about 20 years and 3 months. From the jail record, it appears that whenever the convict was released on parole / furlough leave, he surrendered in time.

[4] Considering the aforesaid facts and circumstances of the case and Page 1 of 2 Downloaded on : Wed Apr 07 22:31:18 IST 2021 R/SCR.A/3902/2021 ORDER the sentence undergone by the convict, I am of the opinion that the application requires consideration. Hence, the present application is partly allowed. The applicant convict is ordered to be released on parole leave for a period of 30 days from the date of his actual release on usual terms and conditions. The convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall marks his presence before the concerned Police Station once in a week between 11.00 a.m. to 2.00 p.m., without fail. The concerned Police Station be informed accordingly. During the period of parole leave, the convict shall not abuse the liberty granted to him and shall maintain law and order. It is clarified that no further extension will be granted. Rule is made absolute accordingly. Convict be informed accordingly through concerned jail authority.

[5] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

(DR. A. P. THAKER, J) SAJ GEORGE Page 2 of 2 Downloaded on : Wed Apr 07 22:31:18 IST 2021

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