High CourtsSingle Bench(2021) 03 GUJ CK 0002

Shukanben Kodarbhai Duliyabhai Bhagora vs State Of Gujarat

Gujarat High Court · Decided on 2 March 2021

HON’BLE JUDGES
Dr. A. P. Thaker, J
RESULT
Partly Allowed
CASE NUMBER
R/Special Criminal Application No. 2569 Of 2021

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Judgment

15 paragraphs · 284 words

Dr. A. P. Thaker, J

[1] RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent â€" State.

[2] The present application has been filed by the applicant - convict, praying to release her on parole leave on the ground that she has to file appeal in

Gujarat High Court, Ahmedabad.

[3] Heard Ms. Moxa Thakkar, learned Additional Public Prosecutor appearing for the respondent- State through video conferencing. I have also gone

through the jail record of the convict. It appears from the jail record that convict was convicted for the offence punishable under Sections 302 and 114

of I.P.C. and sentenced to undergo life imprisonment. She has already undergone sentence of about 05 years 05 months and 26 days. From the jail

record, it appears that whenever the convict was released on parole/furlough leave, she surrendered in time and her conduct in jail is reported to be

good.

[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 present application is partly allowed. The applicant - convict is ordered to be released on parole leave for a period

of three weeks from the date of her 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 her and shall maintain law and order.

Rule is made absolute accordingly.

[5] Registry is directed to intimate about this order to the concerned authorities through FAX, E-mail and/or any other suitable electronic mode.