AHMEDBAVA @ ABBU ABUBAKAR BARELVI (AHMED BAWA S/O ABUBAKAR BAWA)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court partially allowed the parole application, granting a two‑day leave with police escort on humanitarian grounds.
Summary
The petitioner, Ahmedbava @ Abu Bakr Barelvi, a convicted prisoner serving a sentence for serial bomb blasts, applied for parole to perform his mother's post‑death rituals after her death on 13‑08‑2026. The conviction had been confirmed by the Gujarat High Court and the petitioner was also facing trial under the Maharashtra Control of Organised Crime (MCOC) Act, being detained in Central Prison, Bengaluru. The Additional Sessions Judge and Special Judge in Mumbai had already ordered a two‑day release for the same purpose. On humanitarian grounds, the Special Public Prosecutor raised no objection, provided the petitioner would be escorted by police at his own cost. The Gujarat High Court partially allowed the petition, granting parole for 15‑08‑2026 and 16‑08‑2026 with police escort, and directed the prison authorities to arrange the escort and the petitioner’s surrender.
Issues considered
- Whether a convict serving a sentence for serious offences may be granted parole on humanitarian grounds to attend a parent’s funeral
Legislation cited
Subjects
Judgment
R/SCR.A/12067/2026 ORDER DATED: 14/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12067 of 2026
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AHMEDBAVA @ ABBU ABUBAKAR BARELVI (AHMED BAWA S/O
ABUBAKAR BAWA)
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ARJUN M JOSHI(11247) for the Applicant(s) No. 1
MR MITESH AMIN & MR. KSHITIJ AMIN, SPECIAL PUBLIC PROSECUTOR
WITH MR. H K PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 14/08/2026
ORDER
1) Rule. Learned APP waives service of Rule on behalf of the
respondent–State.
2) The present petition has been preferred by the petitioner–convict
seeking his release on parole for the purpose of performing the post-
death rituals of his mother, who expired on 13.08.2026.
3) From the record, it appears that the petitioner has been convicted by
the learned Special Designated Judge for Speedy Trial of Serial Bomb
Blast Cases, City Sessions Court, Ahmedabad. The said conviction has
been con>rmed by this Court vide order dated 07.07.2026. The
petitioner is also facing another trial under the MCOC Act in the State
of Maharashtra. At present, at the request of the petitioner, he is
detained at Central Prison, Bengaluru.
4) Considering the circumstances, conduct of the petitioner, and as his
mother has expired, learned Additional Sessions Judge and Special
Judge under the MCOC Act, Greater Mumbai, has been pleased to
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R/SCR.A/12067/2026 ORDER DATED: 14/08/2026
release the petitioner for a period of two days and permit him to
attend the post-death rituals of his mother.
5) Having regard to the aforesaid circumstances and the order passed
by the learned Additional Sessions Judge and Special Judge under
the MCOC Act, Greater Mumbai, Mr. Amin, learned Special Public
Prosecutor, on humanitarian grounds, submits that he has no
objection if the petitioner is released for a limited period on parole
with police escort, at the cost of the petitioner.
6) In view of the above, the petition is partly allowed. The petitioner is
ordered to be released on parole for a period of two days, i.e. on
15.08.2026 and 16.08.2026, with police escort at the cost of the
petitioner, on usual terms and conditions to the satisfaction of the
concerned Jail Authority. The petitioner shall surrender before the
concerned Jail Authority at 06:00 p.m. on 16.08.2026.
7) As the petitioner is presently detained at Central Prison, Bengaluru,
the Superintendent, Central Prison, Bengaluru, shall make necessary
arrangements, in coordination with the concerned police authorities,
for providing adequate police escort to take the petitioner from
Central Prison, Bengaluru, to the place speci>ed in the order dated
13.08.2026 passed by the learned Additional Sessions Judge and
Special Judge under the MCOC Act, Greater Mumbai, and to bring him
back to the prison immediately upon completion of the permitted
visit.
8) The petitioner shall be brought back to Central Prison, Bengaluru,
and shall surrender before the Jail Authority on or before 06:00 p.m.
on 16.08.2026.
9) The Registry of this Court is directed to communicate this order
forthwith through Fax/E-mail to the Superintendent, Central Prison,
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R/SCR.A/12067/2026 ORDER DATED: 14/08/2026
Bengaluru, where the petitioner is presently detained. The concerned
authority shall also act upon the soft copy of this order forthwith.
10) Accordingly, the petition stands disposed of. Rule is made absolute to
the aforesaid extent. Direct service Today is permitted.
(HASMUKH D. SUTHAR,J)
SUCHIT
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 14/08/2026 16:03:36
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