The High Court of Gujarat at Ahmedabad rejected a Special Criminal Application seeking parole leave before filing an appeal, holding the petitioner could have directly preferred the appeal under the existing order of conviction.
Petition rejected; no parole leave granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/SCR.A/2642/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2642 of 2019
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RATHAVA HIMMATBHAI BHOLIYABHAI
Versus
STATE OF GUJARAT
========================================================== Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1,2,3 MR. MH SHEKHAWAT(7194) for the Applicant(s) No. 1,2,3 for the Respondent(s) No. 2,3
MR RASHESH RINDANI APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE UMESH A. TRIVEDI
Date : 06/03/2019
ORAL ORDER
No case is made out for parole leave as they want to prefer appeal against the order of conviction which was passed on 16.2.2019. This petition is filed through an advocate who could have very well preferred the appeal against the conviction. Hence, this petition is rejected.
(UMESH A. TRIVEDI, J)
ASHISH M. GADHIYA
Page 1 of 1
2 issues framed by the court
Whether parole leave should be granted to the applicant who intends to file an appeal against conviction.
Whether the applicant could have preferred the appeal himself without seeking parole.
RATHAVA HIMMATBHAI BHOLIYABHAI
STATE OF GUJARAT
UMESH A. TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
