In a special criminal application for parole, High Court at Ahmedabad released a life convict on parole for two weeks to arrange legal funds. Good conduct and sentence duration justified the interim relief.
Applicant released on parole leave for period of two weeks to engage advocate; surrender required on completion.
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/1000/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1000 of 2021
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RAJUBHAI @ BILLO MEGHJIBHAI VALA
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 MS. MOXA THAKKAR, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 09/02/2021
ORAL ORDER
[1] Heard Ms. Moxa Thakkar, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.
[2] RULE . Ms. Moxa Thakkar, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
[3] The present application has been filed by the applicant - convict through jail praying to release him on parole leave on the ground of arranging funds to engage advocate for his case.
[4] Heard Ms. Moxa Thakkar, 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
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R/SCR.A/1000/2021 ORDER
punishable under Sections 302, 307 of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about 12 years and 10 months. From the jail record, it appears that whenever the convict was released on parole leave, he surrendered in time. It also appears from the jail record that his jail conduct is good.
[5] Considering the aforesaid facts and circumstances of the case and 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 two weeks 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 not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly.
[6] 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
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2 issues framed by the court
Whether the applicant convict qualifies to be released on parole leave for arranging legal funds?
Whether the application for parole leave is maintainable given the conviction and sentence undergone?
RAJUBHAI @ BILLO MEGHJIBHAI VALA
STATE OF GUJARAT
DR. A. P. THAKER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
