Pravinbhai Kishanbhai Sondarva v. State of Gujarat & 1 other(s) (Gujarat HC)

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Pravinbhai Kishanbhai Sondarva v. State of Gujarat & 1 other(s) (Gujarat HC)
(2023) Law Today Live Doc. Id. 18109

From the Database of www.lawtodaylive.com

Gujarat High Court

Before: Nisha M. Thakore, J.

R/Special Criminal Application No. 5683 of 2023

Decided on: 05.06.2023

Pravinbhai Kishanbhai Sondarva - Applicant(s)

Versus

State of Gujarat & 1 other(s) - Respondents

Appearance:

Through Jail for the Applicant(s) No. 1

for the Respondent(s) No. 3

Mr. Hardik Mehta, Addl. Public Prosecutor for the Respondent(s) No. 1

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Parole leave for financial assistance to the family and engagement of daughter – Applicant sentenced to undergo one year imprisonment u/s 138 of NI Act and has already undergone sentence of about 06 months – Applicant-convict ordered to be released on parole leave for a period of 15 days.

(Para 1, 2)

ORDER

NISHA M. THAKORE, J. –

1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.

2. The present application through jail has been filed by the applicant - convict to release him on parole leave for a period of 30 days on the ground of financial assistance to the family as well as for engagement of his daughter..

3. Heard learned Additional Public Prosecutor appearing for the respondent- State. I have gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo one year imprisonment. He has already undergone sentence of about 06 months.

4. Considering the period of 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 15 days from the date of his 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 him and shall maintain law and order. Rule is made absolute accordingly. Registry is also directed to communicate this order to jail authority by Fax/Email.

Application partly allowed.

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