High CourtsSingle Bench(2024) 06 GUJ CK 0012

Bharat Jagdishbhai Prasad vs State Of Gujarat & Ors

Gujarat High Court · Decided on 5 June 2024

HON’BLE JUDGES
M. K. Thakker, J
RESULT
Partly Allowed
CASE NUMBER
R/Special Criminal Application (Parole Leave) No. 6377 Of 2024

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Judgment

8 paragraphs · 247 words

M. K. Thakker, J

1.

Rule. Learned APP waives service of notice of Rule on behalf of respondent- State.

2.

By way of present application, the applicant has prayed to release him on 30 days of parole leave to prefer an appeal before this Court against the judgment and order of conviction dated 29.04.2024.

3.

This Court has gone through the jail record of the applicant-convict. It appears that the applicant has been convicted for the offences punishable under sections 366, 363, 367(2)(N)(F) of IPC and Sections 6, 5(L)(N) and 506(2) of the POCSO Act and has been sentenced for life imprisonment along with fine of Rs. 18,000/-. He has undergone sentence of about four years and four months. The applicant-convict has surrendered in time when he was released in the month of February, 2024 on temporary bail. His jail record is found to be good.

4.

Considering the above all facts of the case, this Court is of the opinion that the present application requires consideration and is partly allowed. The applicant shall be released on parole leave for a period of two weeks from the date of his actual release on usual terms and conditions which may be imposed by jail authority.

5.

The applicant shall surrender before the jail authority on completion of parole leave without fail.

6.

Registry is hereby directed to forward the copy of this order to the concerned Jail Authority, forthwith.

7.

Rule is made absolute to the aforesaid extent.