JANABHAI BHODARBHAI ALIAS BHUDARBHAI RATHVAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion and granted the petitioner parole for seven days subject to a personal bond and reporting conditions.
Summary
The petitioner, Janabhai Bhodarbhai Rathva, filed a special criminal application seeking parole leave on the ground of financial assistance. The Additional Public Prosecutor waived service of notice for the State, allowing the application to be considered. The Court examined the petitioner's request and the jail remarks, and, exercising its discretion, found merit in granting parole. 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. The order also required the petitioner to surrender at the jail at the end of the parole period and to mark his presence at the nearest police station on the 3rd and 5th days of the leave. The petition was therefore partly allowed.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole leave on the ground of financial assistance?
Subjects
Judgment
R/SCR.A/11088/2026 ORDER DATED: 03/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 11088 of
2026
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JANABHAI BHODARBHAI ALIAS BHUDARBHAI RATHVA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL 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 : 03/08/2026
ORAL ORDER
1. This petition, through jail, is filed by the petitioner
seeking parole leave on the ground of financial assistance.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Considering the application, 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.
4. 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
furnishing a personal bond of Rs.10,000/- (Rupees Ten
Thousand) to the satisfaction of the concerned jail authority
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R/SCR.A/11088/2026 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, with a further condition
that the applicant shall mark presence before the nearest
police station every 3
rd
and 5th day of the parole leave
period. Rule is made absolute accordingly.
4.1 Registry to communicate this order to the concerned jail
authority, forthwith.
(SANJEEV J.THAKER,J)
ADITYA SINGH/16
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 16:09:40
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