Hitesh @ Bavko Shivshankar Dave vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1324

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Hitesh @ Bavko Shivshankar Dave – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Rishi Malhotra.
For the Respondents: Swati Ghildiyal, Devyani Bhatt.

Table of Content
1. conviction and interim bail history. (Para 1 , 2 , 3)
2. factors for determining premature release. (Para 4 , 5 , 6 , 11)
3. state's rejection of premature release. (Para 7 , 8 , 10)
4. arguments for reconsideration of release. (Para 12 , 13 , 14)
5. court's directive for reconsideration. (Para 15 , 16)
6. conclusion of proceedings. (Para 17 , 18)

ORDER :

2. During the pendency of the criminal appeal before the High Court, he was granted interim bail for a period of three weeks on 19 January 2005. The petitioner, however, absconded and was arrested on 30 March 2010. The petitioner was thereupon punished by forfeiting four furloughs on 9 August 2011. The appeal against the conviction was dismissed on 21 August 2009. Of the three co-accused, one was released prematurely in 2017.

4. Following the law laid down by this Court, in determining the entitlement of a convict for premature release, the policy of the State Government on the date of the conviction would have to be the determinative factor. However, if the policy which was prevalent on the date of the conviction is subsequently liberalised to provide more beneficial terms, those should also be borne in mind.

6. On 19 S

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