BHARATBHAI KUSHALBHAI CHAUHAN THRO KUSHALBHAI ZAVERBHAI Vs. STATE OF GUJARAT
LAWS(GJH)-2020-5-402
HIGH COURT OF GUJARAT
Decided on May 12,2020

Bharatbhai Kushalbhai Chauhan Thro Kushalbhai Zaverbhai Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) RULE. Learned Public Prosecutor Mr. Mitesh Amin waives service of Rule for the respondent-State.
(2.) Present petition is filed under Article 226 of the Constitution of India for seeking following relief:- "(A) This Hon'ble Court may be pleased to admit and allow the present petition. (B) This Hon'ble Court may be pleased to issue a writ of or in the nature of certiorari or any other appropriate writ, grant parole leave for 30 days to the petitioner by putting any terms and conditions imposed by this Hon'ble Court in Sessions Case no.91/1998 Add. City Session Judge Ahmedabad for sentence under section 307 of I.P.C. for undergoing the sentence of 3 years and six months. (C) .........."
(3.) Learned advocate appearing on behalf of the petitioner Mr. Bhavik P. Shah has contended that the petitioner is in judicial custody since long and on account of this Corona virus situation, his family is in dire need of his presence. The petitioner is hailing from a poor family and is having aged father of 64 years, suffering from ailments, mother aged about 58 years and having two minor children. So, considering this precarious situation, the petitioner may be appropriately released so as to meet with the circumstances in which he is placed. It has been contended that he is a resident of Behrampura area of Ahmedabad city, but willing to reside outside Behrampura area and from there, he would help out the family through his resources and has also further contended and submitted that he will pay an amount of Rs.25,000/-, being compensation, as ordered to be payable to the victim within the time schedule to be fixed by the Court and after considering the aforesaid situation, learned advocate has requested the Court to grant some time.;


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