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Judgment
Nikhil S. Kariel, J
Heard learned Advocate Ms. Gayatriba Jadeja for the applicant and learned Additional Public Prosecutor Mr. Ronak Raval for the respondent – State.
Rule. Learned APP Mr. Raval waives service of Rule on behalf of the respondent-State.
By way of this application the applicant convict prays for being released on parole leave for the purpose of repaying the agricultural loan taken from the Co-operative Society.
I have gone through the Jail record of the applicant as well as considered the averments made in the application. Jail remarks show that the applicant has been convicted for the offence punishable under 302 of the Indian Penal Code amongst others and sentenced to undergo life imprisonment. It appears that the applicant had been acquitted by the learned Sessions Court and the order of acquittal had been set aside by this Court and whereas the applicant had been sentenced to undergo life imprisonment, which order had been confirmed by the Hon'ble Apex Court. Jail remarks also show that the applicant has undergone incarceration for approximately 03 years. It also appears that as and when the applicant had been released earlier, he had surrendered in time.
Considering the same and considering the reasons stated in the application, I am inclined to allow this application. The applicant is directed to be released on parole leave for a period of 15 days (fifteen days) from the date of his actual release 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 shall surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.