DR DHANANJAYA Y.CHANDRACHUD,J. - (1.) The appeal arises from a judgment of a Single Judge of the High Court of Gujarat dated 24 June 2021. The Single Judge directed the release of the respondent on furlough. A. Factual Background
(2.) An FIR, C.R. No. I-31/2013, was registered against the respondent on 6 October 2013 at Jahangirpura Police Station for offences under Sections 376(2)(c), 377, 354, 344, 357, 342, 323, 504, 506(2), 120-B, 212, 153 and 114 of the Indian Penal Code 1860( "IPC "). Charges were framed. On the conclusion of the trial, the Sessions Court by a judgment dated 30 April 2019 convicted the respondent. The conviction and sentence are summarised below: (i) Section 376(2): life imprisonment together with a fine of Rs. 1,00,000/-, and in default, simple imprisonment of one year; (ii) Section 377: life imprisonment together with a fine of Rs. 1,00,000/-, and in default, simple imprisonment of one year; (iii) Section 354: three years ' rigorous imprisonment together with a fine of Rs. 25,000/-, and in default, simple imprisonment of six months; (iv) Section 504: one year 's rigorous imprisonment together with a fine of Rs. 5,000/-, and in default simple imprisonment of three months; (v) Section 506(2): three years ' rigorous imprisonment together with a fine of Rs. 5,000/- and in default, simple imprisonment of one month; (vi) Section 508: one year 's rigorous imprisonment together with a fine of Rs. 5,000/- and in default, simple imprisonment of one month; (vii) Section 323: six months ' rigorous imprisonment together with a fine of Rs. 500/- and in default, simple imprisonment of one month; The respondent was directed to pay compensation of Rs. 5,00,000/- under Section 357(3) of the Code of Criminal Procedure 1973, to the prosecutrix. All sentences were directed to run concurrently.
(3.) The respondent was released on temporary bail for a period of three weeks on 16 April 2015 and for a period of two days on 15 February 2019. The respondent was granted furlough from 5 December 2020 for a period of fourteen days by the order of the High Court dated 2 December 2020. Due to the ill-health of his mother, the respondent was released on temporary bail from 31 January 2021 to 3 February 2021.;