High CourtsSingle Bench(2021) 06 GUJ CK 0036

Gulabsinh Harubha Gohil vs State Of Gujarat

Gujarat High Court · Decided on 7 June 2021

HON’BLE JUDGES
Nikhil S. Kariel, J
CASE NUMBER
R/Special Criminal Application No. 5121 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

18 paragraphs · 331 words

Nikhil S. Kariel, J

1.

Rule. Learned Additional Public Prosecutor Ms. Maithili D. Mehta waives service of Rule on behalf of the respondent â€" State. Heard learned

Advocate for the applicant and learned APP for the respondent-State.

2.

By way of this application the applicant prays for being released on parole leave for the purpose of repairing his house which has been damaged in

Cyclone.

3.

I have gone through the Jail record of the applicant and perused the documents produced along with the application as well as considered the

averments made in this application. Jail remarks shows that the applicant had been convicted for the offences punishable under Sections 302 and 149

of the Indian Penal Code and sentenced to life imprisonment. Learned Advocate Ms. Solanki for the applicant submits that the applicant is in prison

since last 09 years 04 months and 04 days. Lastly he has been released on furlough leave in the month of November/December 2020 and on

temporary bail from 19.04.2021 to 25.04.2021. Jail remarks further shows that whenever applicant had been released he had surrendered in time. His

jail conduct is also shown to be good.

4.

Considering the same and considering the reasons mentioned in the application, this Court is inclined to allow this application. The applicant is

directed to be released on parole leave for a period of four weeks from 11.06.2021 to 09.07.2021 on executing personal bond of Rs.10,000/-(Rupees

Ten Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority.

The applicant convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.

After the completion 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.

Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.