KALUBHAI LAXMANBHAI PATANIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that the petitioner is entitled to parole leave for seven days upon furnishing a personal bond of Rs.10,000 and complying with the stipulated conditions.
Summary
Kalubhai Laxmanbhai Patani, convicted under section 125(3) of the Code of Criminal Procedure, filed a special criminal application seeking parole leave to settle a matrimonial dispute. The State, represented by the Additional Public Prosecutor, waived service of notice. The Gujarat High Court, after hearing counsel, exercised its discretion in favour of the petitioner. It ordered his release on parole for seven days, subject to a personal bond of Rs.10,000 and compliance with standard conditions, including reporting to the police station and surrendering to jail at the end of the period. Direct service of the order was permitted. The petition was therefore partly allowed.
Issues considered
- Whether a person convicted under section 125(3) CrPC is eligible for parole leave.
- Whether the court may exercise discretion to grant parole in view of the petitioner’s matrimonial dispute.
- What conditions may be imposed on parole granted under section 125(3).
Legislation cited
- Code of Criminal Procedure, 1973s. 125(3)
Subjects
Judgment
R/SCR.A/12112/2026(GJHC240626552026) ORDER DATED: 20/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12112 of
2026
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KALUBHAI LAXMANBHAI PATANI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 20/08/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking
parole leave on the ground that in view of the fact that
the order has been passed under section 125(3) of the
Code of Criminal Procedure and the applicant wants to
settle the said matrimonial dispute.
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.
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R/SCR.A/12112/2026(GJHC240626552026) ORDER DATED: 20/08/2026
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
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
rd th
conditions and mark his presence on 3 & 5 day before
the concerned Police Station, 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)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 20/08/2026 15:35:23
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