Created byFuzzy Cloud

High Court of Gujarat

KALUBHAI LAXMANBHAI PATANIversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted parole for a period of seven days on the condition of a personal bond of Rs.10,000.

Summary

Kalubhai Laxmanbhai Patani filed a special criminal application seeking parole leave under section 125(3) of the Code of Criminal Procedure, arguing that he needed to settle a matrimonial dispute. The State, represented by the Additional Public Prosecutor, waived service of notice. The High Court, after hearing counsel, exercised its discretion in favour of the petitioner. The court ordered the petitioner to be released on parole for seven days upon 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. The order was made absolute and direct service was permitted.

Issues considered

  • Whether the petitioner is entitled to parole leave under section 125(3) of the CrPC for the purpose of settling a matrimonial dispute

Legislation cited

Subjects

parolesection 125(3) CrPCmatrimonial disputecriminal procedurediscretionHigh Court

Judgment

 R/SCR.A/12128/2026(GJHC240626272026)                               ORDER DATED: 20/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12128 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/12128/2026(GJHC240626272026)                                        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 15:32:26




                                              Page 2 of 2


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "parole"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.