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Judgment
Bhargav D. Karia, J
Heard learned advocate Mr. Bhavik Shah for the applicant and learned Assistant Government Pleader Mr. Ishan Joshi for the respondentÂState
through video conference.
This application is filed for interim bail by the applicant on the sad demise of his father on 17th November, 2020 as the applicant is in jail under
detention pursuant to order passed under PASA.
Learned advocate Mr. Shah for the applicant submitted that the father of the applicant expired on 17th November, 2020 and therefore, in order to
complete the after death rituals, the applicant may be released on interim bail.
On the other hand, learned Assistant Government Pleader Mr. Joshi submitted that the applicant has also made an application before the State
Government for granting him parole leave due to sad demise of his father and such application is under favourable consideration of the authority. Mr.
Joshi referred to the letter dated 19th November, 2020 written by the District Magistrate, Banaskantha to the Section Officer (SpecialÂ3), Home
Department, Gandhinagar giving an opinion that the applicant may be granted parole leave for 12 days with police escort.
Learned advocate Mr.Shah submitted that the financial condition of the applicant is very poor and therefore, it would not be possible for the applicant
to pay for the cost of the police escort.
In view of above, it is directed that the opinion of the District Magistrate, Banaskantha to grant parole leave to the applicant be accepted by the
competent authority at the earliest. However, the police escort, if any, be provided not at the cost of the applicant in view of the financial difficulty
expressed on behalf of the applicant, or in the alternative, the applicant be subjected to mark his presence in the nearby police station.
In view of the above directions, the application is disposed of.
Registry is directed to provide a copy of writ of this order to learned advocate for the applicant through email so as to enable him to serve the same
upon the respondents through Email or other electronic mode. Direct service is permitted today.