IRFAN @ GABBAR YUNUSHBHAI SHEKHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion and granted parole for seven days upon a personal bond of Rs.10,000, subject to standard conditions.
Summary
The petitioner, Irfan @ Gabbar Yunushbhai Shekh, filed a special criminal application seeking parole leave on the ground that he had deposited the amount imposed by the District Magistrate, Rajkot. The Additional Public Prosecutor waived service of notice on behalf of the State. The High Court, after considering the petition and the jail remarks, exercised its discretion in favor of the petitioner. The petition was partly allowed, granting the petitioner parole for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority and complying with standard conditions, including reporting to the police station and surrendering after the parole period. The order was directed to be communicated to the concerned jail authority.
Issues considered
- What is the appropriate discretion of the High Court in granting parole leave on the ground of deposit of the amount imposed by the District Magistrate?
- Does the waiver of service of notice by the Additional Public Prosecutor affect the grant of parole?
Subjects
Judgment
R/SCR.A/12171/2026(GJHC240629132026) ORDER DATED: 20/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12171 of
2026
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IRFAN @ GABBAR YUNUSHBHAI SHEKH
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL 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, through jail, is filed by the petitioner
seeking parole leave on the ground of depositing the
amount punished by the District Magistrate, Rajkot.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent –
State.
3. Considering the application, 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.
4. 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
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R/SCR.A/12171/2026(GJHC240629132026) ORDER DATED: 20/08/2026
actual release on 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.
4.1 Registry to communicate this order to the concerned
jail authority, forthwith.
(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 15:26:24
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