High Court at Ahmedabad granted parole leave for 15 days to a criminal applicant to perform death rituals for his father, subject to bond and surrender conditions, distinguishing absconding history.
Released on parole leave for 15 days from 6.12.2022 to 20.12.2022 upon furnishing a personal bond of Rs.10,000/-.
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/12819/2022 ORDER DATED: 06/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12819 of 2022
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MUNGLABHAI THAVRABHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI Date : 06/12/2022 ORAL ORDER
1. Jail remarks are produced on record, which suggests that the applicant had remained absconding from 2.11.2018 to 21.6.2019.
2. The present petition is filed for enlarging the petitioner on parole leave on the ground of performing after death ceremony of his father who died yesterday.
3. Learned APP Mr. Pranav Trivedi submitted that the appeal against conviction is pending for restoration as office objections are not removed and stated that conviction sentence is not suspended
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R/SCR.A/12819/2022 ORDER DATED: 06/12/2022
and thus, stated that taking into
consideration hisconduct,the
application be rejected.
4 . Mr. D.J. Prajapati, learned advocate for the applicant has produced the Whatsapp copy of the certificate issued by the Sarpanch of Kumbhariya group Gram Panchayat, Taluka Danta, District Banaskantha dated 6.12.2022 stating that the father of the applicant died on 5.12.2022 at about 05:00 p.m. and also the copy of the death certificate issued by Kumbhariya Group Gram Panchayat to support the same. Mr. Prajapati submits that the present applicant is elder son and another brother is also facing imprisonment and thus, to perform the after death rituals, has prayed for parole leave. He further submits that he has been behind the bars since 4 years and 11 months. Under instructions, he states that he has never been released on furlough leave and temporary bail and his jail conduct is also good.
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R/SCR.A/12819/2022 ORDER DATED: 06/12/2022
5. Considering the fact of the death of the father as supported by the certificate of the Sarpanch, this Court is inclined to exercise discretion in favour of the petitioner.
6. The petition is partly allowed. The petitioner is ordered to be released on parole leave for a period of 15 (fifteen) days on usual terms and conditions from today i.e. from 6.12.2022 to 20.12.2022 upon furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the jail authority. The petitioner shall surrender to the jail authorities on 20.12.2022 before 5:00 p.m. without fail. Direct service is permitted today . Registry to communicate this order to the concerned Court/Authority by FAX or EMAIL forthwith.
(GITA GOPI,J)
Maulik
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1 issue framed by the court
Whether to grant parole leave to the applicant for performing post-death rituals of his deceased father despite pending appeal.
Munglabhai Thavrbhai Parmar
State of Gujarat
Gita Gopi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court