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Gujarat High Court

Thakor Jayantiji @ Pandit Bhikhaji ... vs State Of Gujarat on 16 May, 2018

Author: B.N. Karia

Bench: B.N. Karia

        R/SCR.A/2806/2018                             ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION NO. 2806 of 2018
==========================================================
THAKOR JAYANTIJI @ PANDIT BHIKHAJI THROUGH THAKOR RAMESHJI
                          BHIKHAJI
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MS MITTAL N PATEL(7614) for the PETITIONER(s) No. 1
MR JK SHAH, APP for the RESPONDENT(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 2,3
==========================================================

 CORAM: HONOURABLE MR.JUSTICE B.N. KARIA

                            Date : 16/05/2018

                             ORAL ORDER

By way of this petition, brother of the convict has prayed to release him on parole leave on the ground of making finance arrangement against the order passed by the learned Special POCSO Court, Mehsana in Special POCSO Case No. 78 of 2015.

Learned Additional Public Prosecutor has opposed this petition and produced jail record of the convict.

I have heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondents. 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 Section 363, 376 of the Indian Penal Code and Section 4 & 8 of the POCSO Act and sentenced for 20 years. It appears that the convict has undergone sentence of about 1 year and 1 month. Jail Record Page 1 of 2 R/SCR.A/2806/2018 ORDER suggests that whenever he was released on temporary bail, he had surrendered in time and his jail conduct is found to be good.

In the peculiar facts and circumstances of the case, the petition deserves consideration. The convict shall 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 only) before the Jail authority and on usual terms and conditions. The convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(B.N. KARIA, J) ksdarji Page 2 of 2