SAMEER AHMAD SHAIKHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole leave for seven days with a personal bond and reporting conditions.
Summary
The petitioner, Sameer Ahmad Shaikh, filed a special criminal application seeking parole leave on the grounds of having filed an appeal and needing financial assistance for his family. The Additional Public Prosecutor waived service on behalf of the State, and both parties were heard. The Court examined the petitioner's averments and the jail remarks, and exercised its discretion in favor of the petitioner. It ordered the petitioner to be released on parole for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, subject to usual terms and conditions. The order also required the petitioner to surrender at the end of the parole period and to report to the nearest police station on the 3rd and 5th day after release. The petition was therefore partly allowed.
Issues considered
- Whether the petitioner is entitled to parole leave on the basis of a pending appeal and financial hardship
- Whether the court may exercise discretion to grant parole in the circumstances
- What conditions, if any, should be imposed on the parole
Subjects
Judgment
R/SCR.A/10354/2026 ORDER DATED: 21/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 10354 of
2026
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SAMEER AHMAD SHAIKH
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 21/07/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of filing an appeal and financial
assistance to his family.
2. Rule. Learned Additional Public Prosecutor waives
service on behalf of the respondent – State.
3. Heard, the learned advocates for the parties.
4. Having heard and considering the averments made in
the petition, more particularly, the ground mentioned therein
as well as the jail remarks, this Court is inclined to exercise
discretion in favour of the present petitioner.
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R/SCR.A/10354/2026 ORDER DATED: 21/07/2026
5. The petition, therefore, succeeds and is partly allowed.
The petitioner is ordered to be released on parole for a
period of seven days from the date of his/her actual release
on his furnishing a personal bond of Rs.10,000/- (Rupees Ten
Thousand) to the satisfaction of the concerned jail authority
on usual terms and conditions, with a direction that the
petitioner shall surrender to the jail authority on expiry of
the parole leave period forthwith with a further condition
that the applicant shall mark presence before the nearest
police station every 3rd and 5th day from the date of release.
Rule is made absolute accordingly.
5.1 Direct service is permitted.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 21/07/2026 16:55:11
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