Partly allowed

Hasmukh @ Morlo Rameshbhai Raval through Arpitaben Hasmukhbhai Raval v. State of Gujarat

Gujarat HC12 Feb 2021SCR.A/1765/2021

Case brief

AI extract

What is this about?

Special Criminal Application filed by a convict sentenced to life imprisonment seeking parole leave to engage legal representation and arrange funds. The High Court partly allowed the application.

What did the court decide?

Parole leave granted for a period of two weeks from the date of actual release on usual terms and conditions.

Hasmukh @ Morlo Rameshbhai Raval through Arpitaben Hasmukhbhai Raval Vs State of Gujarat — Gujarat HC (2021) — LawSathi Research

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R/SCR.A/1765/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 1765 of 2021

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HASMUKH @ MORLO RAMESHBHAI RAVAL THROUGH ARPITABEN HASMUKHBHAI RAVAL

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Versus STATE OF GUJARAT

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Appearance:

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MS BHAKTI M JOSHI(3820) 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

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Date : 12/02/2021

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ORAL ORDER

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[1] Heard Ms. Bhakti Joshi, learned advocate for the applicant and Ms. Bhakti Joshi, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

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[2] RULE . Ms. Moxa Thakkar, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.

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[3] Ms. Bhakti Joshi, learned advocate for the applicantconvict seeks permission to amend the cause title wherein there is typographical mistake in mentioning the name of the Jail Authority.

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[4] Permission sought for is granted. Amendment to be carried out accordingly with a copy of the same to be placed

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R/SCR.A/1765/2021 ORDER

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on record.

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[5] The present application has been filed by the applicant - convict, praying to release him on parole leave on the ground of engaging advocate for his case as well as for arranging funds for the same.

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[6] Heard Ms. Bhakti Joshi, learned advocate for the applicant-convict and 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 punishable under Sections 302 of the Indian Penal Code and sentenced to undergo life imprisonment. He has already undergone sentence of about 6 years and 8 months. From the jail record, it appears that whenever the convict was released on parole / furlough leave, he surrendered in time.

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[7] 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

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R/SCR.A/1765/2021 ORDER

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shall not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute accordingly.

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[8] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned advocate for the applicant is also permitted 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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SAJ GEORGE

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Hasmukh @ Morlo Rameshbhai Raval through Arpitaben Hasmukhbhai Raval v. State of Gujarat

Case brief

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Hasmukh @ Morlo Rameshbhai Raval through Arpitaben Hasmukhbhai Raval v. State of Gujarat

Case brief

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What did the court decide?

What the court decided

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