KALUBHAI LAXMANBHAI PATANIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole for seven days on the condition of a personal bond and compliance with standard 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. After hearing both parties, the High Court exercised its discretion in favour of the petitioner. The court partially allowed the petition, granting parole for seven days upon the petitioner furnishing a personal bond of Rs.10,000 and complying with standard conditions, including reporting to the police station and surrendering after the parole period. Direct service of the order was also permitted.
Issues considered
- Whether parole can be granted to a convict under Section 125(3) CrPC for the purpose of settling a matrimonial dispute
Legislation cited
- Code of Criminal Procedures. 125(3)
Subjects
Judgment
R/SCR.A/12116/2026(GJHC240626642026) ORDER DATED: 20/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12116 of
2026
================================================================
KALUBHAI LAXMANBHAI PATANI
Versus
STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
================================================================
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.
Page 1 of 2
R/SCR.A/12116/2026(GJHC240626642026) 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 15:33:53
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.