Sandipsing Narsing Lalsing ... vs State Of Gujarat

1. Applicant has moved this application through his father. He has been convicted for 10 years under section 307 of the Indian Penal Code on 06.01.2020. He has not been released on parole leave after being convicted. He has moved this application essentially on the ground that appeal needs to be preferred. Fees of the advocate is also required to be arranged.

2. Father of the applicant Shri Narsingh Lalsinh Thakor is present before this Court. He submits Page 1 of 4 Downloaded on : Wed Jan 15 22:23:26 IST 2020 R/SCR.A/248/2020 ORDER that his wife is paralytic and there is none to earn and look after the children.

3. Learned advocate Mr. Kunal Patel for the complainant has strongly objected to this on the ground that the conviction is of recent time. In the past there are instances of his having threatened the complainant. The Court should not be liberal in granting the parole leave to the applicant.

4. The Court notices that he has undergone nearly 02 years of imprisonment. Moreover, this Court has passed a detailed order dated 23.09.2019 in Special Criminal Application No. 8724 of 2019 permitting the parties concerned to approach High Court Legal Aid Committee, the same shall apply in this case. Relevant paragraphs are reproduced as under:

"3. In case of the present petitioner, let him move an application in a format/form available with the jail authorities and if there is no format/form available, he may simply make an application to the Secretary, High Court Legal Services Committee or address the same to the Member Secretary, Gujarat State Legal Services,Committee for availing the legal aid.

R/SCR.A/248/2020 ORDER

4. Once such an application is made, the jail authority shall send the same to the Secretary, High Court Legal Services Committee or to the Member Secretary, Gujarat State Legal Services Authority, as the case may be, either by way of Fax or by email I.e. [email protected] or by the regular mode of communication, without further loss of time.

5. On receipt of such email or fax or communication by a regular application, let the procedure be followed by the concerned authority and necessary arrangement be made for enabling the convict to approach the Apex Court. The entire procedure to be completed within a period of 10 days from the date of receipt of copy of this order.

5.1. If necessary, the Secretary, High Court Legal Services Committee may also choose to directly communicate with the convict/applicant through video conferencing. He may also choose to call him with security personnel to the High Court apprising him of the necessary provisions and arrangement. Let him be conveyed specifically that providing legal aid (effective) being the obligation of the State under the constitutional frame work, the convict/accused is not to spec any single rupee from his pocket."

5. In view of the above, present application stands DISPOSED OFF, accordingly.

6. Office to communicate this order to the concerned jail authority, which shall, in turn, Page 3 of 4 Downloaded on : Wed Jan 15 22:23:26 IST 2020 R/SCR.A/248/2020 ORDER communicate the same to the person concerned, FORTHWITH. A copy of this order shall ALSO be sent to the Gujarat High Court Legal Aid Committee.

(MS. SONIA GOKANI, J. ) SUDHIR Page 4 of 4 Downloaded on : Wed Jan 15 22:23:26 IST 2020