Gujarat High Court
Bhimjibhai Kalabhai Vadera vs State Of Gujarat on 22 June, 2018
Author: A.J. Shastri
Bench: A.J. Shastri
R/SCR.A/4844/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4844 of 2018
==========================================================
BHIMJIBHAI KALABHAI VADERA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
THROUGH JAIL(50) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3
MR. KP RAVAL, ADDL. PUBLIC PROSECUTOR(2) for the RESPONDENT(s)
No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 22/06/2018
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 treatment of his wife and arrangement of finance for admission of his daughter in school.
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 sentenced mainly for the offence punishable under Page 1 of 2 R/SCR.A/4844/2018 ORDER Sections 363, 366, 376 of the Indian Penal Code and sentenced for seven years. It appears that the convict has undergone sentence of about 3 years and 3 months. Jail Record suggests that whenever the convict was released on temporary bail/furlough leave/ parole leave, he had surrendered in 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 ten days, from the date of his actual release, on usual terms and conditions as imposed by the Jail Authority. 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.J. SHASTRI, J) Bhoomi Page 2 of 2