Created byFuzzy Cloud

High Court of Gujarat

SAILESHBHAI JAYANTIBHAI RATHODIYAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted parole leave for seven days subject to bond and reporting conditions.

Summary

The petitioner filed a Special Criminal Application seeking parole leave on the ground that he intends to file an appeal. The State, through the Additional Public Prosecutor, waived service of the petition. After hearing the parties, the court considered the petitioner's averments and the jail remarks and exercised its discretion in his favour. The court ordered his release on parole for a period of seven days upon furnishing a personal bond of Rs.10,000, with conditions to surrender to the jail authority at the end of the period and to report to the nearest police station on the 3rd and 5th days of the parole. The rule was made absolute and direct service was permitted. Consequently, the petition was partly allowed.

Issues considered

  • Whether the petitioner is entitled to parole leave pending the filing of an appeal

Subjects

parolespecial criminal applicationdiscretionbondsurrenderpolice reportingjail authority

Judgment

     R/SCR.A/11026/2026                                    ORDER DATED: 03/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 11026 of
                           2026

==========================================================
                     SAILESHBHAI JAYANTIBHAI RATHODIYA
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
MR. RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                Date : 03/08/2026

                                 ORAL ORDER

1.      This petition is filed by the petitioner seeking parole

leave on the ground of filing an appeal.

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.

5.      The petition, therefore, succeeds and is partly allowed.

The petitioner is ordered to be released on parole for a

period of 07 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


                                    Page 1 of 2
      R/SCR.A/11026/2026                                                   ORDER DATED: 03/08/2026




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,          and       with       a     further

condition that the applicant shall mark presence before the

nearest police station every 3
                                                     rd
                                                          and 5
                                                                     th
                                                                           day of the Parole

leave period.           Rule is made absolute accordingly.


5.1      Direct service is permitted.



                                                                          (SANJEEV J.THAKER,J)
ADITYA SINGH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/08/2026 16:13:05




                                               Page 2 of 2


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "parole"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.