Convict's application for parole leave to engage in agricultural activity allowed for 30 days upon satisfactory jail record after serving over 12 years of life sentence.
Released on parole leave for 30 days from date of actual release on usual terms and conditions.
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R/SCR.A/937/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 937 of 2021
======================================================= BATHABHAI VANABHAI BHARWAD 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 : 12/02/2021
ORAL ORDER
[1] RULE . Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
[2] The present application has been filed by the applicant - convict, praying to release him on parole leave on the ground of doing agricultural activity .
[3] Heard Ms.Thakkar, learned Additional Public Prosecutor appearing for the respondent- State. I have also gone through the jail record of the convict. Considering the jail record, it is clear that the applicant is convicted for the offence under Section 302 of IPC and sentenced to undergo life imprisonment. The convict has already undergone sentence of about 12 years and three months. His jail record is also satisfactory.
[4] 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
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R/SCR.A/937/2021 ORDER
present application is partly allowed. The applicant - convict is ordered to be released on parole leave for a period of 30 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.
[5] After the completion of period of parole leave, the Jail Authorities shall admit the applicant in jail after strictly following the Circular dated 03.06.2020 relating to COVID-19 issued by the Superintendent of Jail, Ahmedabad.
R.S. MALEK
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1 issue framed by the court
Whether a convict sentenced to life imprisonment for murder can be released on parole leave to engage in agricultural activity.
Bathabhain Vanabhain Bharwad
State of Gujarat
A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
