HASMUKHBHAI BHURABHAI VASAVAversusSTATE 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 on condition of a personal bond of Rs.10,000.
Summary
The petitioner, convicted in Criminal Appeal No. 816 of 2001 dated 25.03.2026, applied for parole leave on the ground that he intends to file appropriate proceedings before the Supreme Court. The Additional Public Prosecutor waived service on behalf of the State. The High Court, after hearing the parties, considered the petitioner's request and the circumstances surrounding his pending appeal. Exercising its discretion, the Court granted parole for a period of seven days, subject to a personal bond of Rs.10,000 and standard conditions, including reporting to the nearest police station every three and five days. The order also directed the petitioner to surrender to the jail authority at the expiry of the parole period. Consequently, the petition was partly allowed and the parole was ordered.
Issues considered
- Whether the petitioner is entitled to parole leave pending filing of appeal before the Supreme Court
- Whether the High Court may exercise its discretion to grant parole under the circumstances
Subjects
Judgment
R/SCR.A/11946/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 11946 of
2026
==========================================================
HASMUKHBHAI BHURABHAI VASAVA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/08/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of filing appeal.
2. Rule. Learned Additional Public Prosecutor waives
service on behalf of the respondent – State.
3. Heard, the learned advocates for the parties.
4. Considering the fact stated in the application, it has
been stated that the applicant is convicted by an order
passed in Criminal Appeal No. 816 of 2001 dated 25.03.2026
and the applicant intends to file appropriate proceedings
before the Hon’ble Supreme Court. Having heard and
considering the averments made in the petition, more
particularly, the ground mentioned therein as well as the jail
Page 1 of 2
R/SCR.A/11946/2026 ORDER DATED: 17/08/2026
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 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.
5.2 The applicant shall mark presence before the nearest
rd th
police station every 3 and 5 day of his/her parole leave
period.
(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 17/08/2026 17:53:37
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.