Single-judge High Court granted parole leave for three weeks to a life convict sentenced for rape-related offences pending father's treatment, noting good jail conduct and punctual previous surrenders.
Parole leave for three weeks granted on usual terms and conditions; surrender required upon completion.
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R/SCR.A/1001/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1001 of 2021
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SURESHBHAI GOVINDBHAI PATEL
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 treatment of his father.
[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/1001/2021 ORDER
punishable under Sections 120(B), 376 (2)(g) of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about 11 years and 05 months. From the jail record, it appears that whenever the convict was released on parole / furlough 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 three 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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1 issue framed by the court
Whether the convict sentenced to life imprisonment for rape-related offences and his father's treatment is eligible for parole.
1 provisions across 1 enactments
SURESHBHAI GOVINDBHAI PATEL
STATE OF GUJARAT
DR. A. P. THAKER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
