Partly allowed

Parsubhai Kaliyabhai Mohaniya through Galkuben Parsubhai Mohaniya v. State of Gujarat

Gujarat HC11 Feb 2021SCR.A/1245/2021

Case brief

AI extract

What is this about?

The Gujarat High Court, considering the death of the applicant's uncle's wife, allowed a Special Criminal Application for parole leave. The convict, serving a life sentence for murder, was ordered to be released on parole for ten days subject to surrender upon completion and adherence to conditions.

What did the court decide?

Released on parole leave for a period of ten days from the date of actual release on usual terms and conditions.

Parsubhai Kaliyabhai Mohaniya through… — Constitutional and Fundamental Rights | Gujarat HC (2021)

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R/SCR.A/1245/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 1245 of 2021

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PARSUBHAI KALIYABHAI MOHANIYA THROUGH GALKUBEN PARSUBHAI MOHANIYA

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Versus STATE OF GUJARAT

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Appearance:

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MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 MS MOXA THAKKER APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

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Date : 11/02/2021

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ORAL ORDER

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Heard Ms.Jayshree Bhatt, learned advocate for the applicant and Ms.Moxa Thakker, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

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RULE . Ms.Moxa Thakker, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent – State.

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The present application has been filed by the applicant - convict, through through his wife praying to release him on parole leave on the ground of death of his uncle's wife.

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Ms.Moxa Thakker, learned Additional Public Prosecutor has vehemently opposed in granting of the parole leave to the convict.

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This Court has gone through the jail record of the convict.

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Page 1 of 2

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R/SCR.A/1245/2021 ORDER

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It appears from the jail record that the convict was convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life.

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Considering the aforesaid facts and circumstances of the case and the sentence undergone by the convict, this Court is of the opinion that the application requires consideration. Hence, the present application is partly allowed. The convict is ordered to be released on parole leave for a period of ten days 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.

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On completion of such period, the applicant surrenders, he shall be tested of Covid-19 virus by the concerned Jail Authority and till report comes, he will be kept in seclusion and/or at a quarantine place.

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Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

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(DR. A. P. THAKER, J)

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V.R. PANCHAL

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Parsubhai Kaliyabhai Mohaniya through Galkuben Parsubhai Mohaniya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Parsubhai Kaliyabhai Mohaniya through Galkuben Parsubhai Mohaniya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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