SHAILESHBHAI MADHUBHAI BHANDERIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court held that the petitioner is entitled to parole for seven days upon furnishing a personal bond of Rs.10,000.
Summary
Shaileshbhai Madhubhai Bhanderi filed a Special Criminal Application seeking parole on the ground of settlement, stating he intends to sell a property to pay maintenance arrears ordered under Section 125 of the Sessions Court. The Additional Public Prosecutor waived service on behalf of the State. The Court considered the petitioner's request, the settlement intention, and the need to satisfy the maintenance liability. Exercising its discretion, the Court granted parole for seven days, subject to a personal bond of Rs.10,000 and the condition that the petitioner surrender after the parole period. The order was made absolute and direct service was permitted.
Issues considered
- Whether parole should be granted to the petitioner on the ground of settlement and payment of maintenance arrears under Section 125.
- Whether the waiver of service by the Additional Public Prosecutor affects the Court's discretion to grant parole.
Legislation cited
Subjects
Judgment
R/SCR.A/10643/2026 ORDER DATED: 28/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 10643 of
2026
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SHAILESHBHAI MADHUBHAI BHANDERI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS. MOUSAMI K VALA(6923) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 28/07/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of settlement.
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 fact the applicant wants
to settle the entire dispute and has one property which he
wishes to sell so that the entire amount of maintenance
arrears can be paid, pursuant to the order passed under
Section 125 of the learned Sessions Court. In view of the
above, this Court is inclined to exercise discretion in favour
of the present petitioner.
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R/SCR.A/10643/2026 ORDER DATED: 28/07/2026
[
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. Rule is made absolute
accordingly.
5.1 Direct service is permitted.
(SANJEEV J.THAKER,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 28/07/2026 17:19:38
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