CHETAN @ KALU GORDHANBHAI @ BABUBHAI GANGADIYA THROUGH RESHMABEN CHETANBHAI GANGADIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted the petitioner parole for seven days on the condition of a personal bond and compliance with reporting requirements.
Summary
The petitioner, Chetan @ Kalu Gordhanbhai @ Babubhai Gangadiya, filed a Special Criminal Application seeking parole leave on the ground that he had filed an appeal against his conviction. The Additional Public Prosecutor waived service of notice on behalf of the State. The High Court, after hearing counsel for both sides, exercised its discretion in favour of the petitioner. The Court ordered the petitioner to be released on parole for a period of seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, subject to usual terms and conditions. The order also required the petitioner to surrender to the jail authority at the end of the parole period and to mark his presence at the nearest police station on the 3rd and 5th days of the parole.
Issues considered
- Whether the petitioner is entitled to parole leave pending the filing of an appeal
- Whether the conditions imposed by the court are appropriate and lawful
Subjects
Judgment
R/SCR.A/12291/2026(GJHC240635262026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12291 of
2026
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CHETAN @ KALU GORDHANBHAI @ BABUBHAI GANGADIYA THROUGH
RESHMABEN CHETANBHAI GANGADIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MS. SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 21/08/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of filing an appeal.
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.
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/her actual release
on his furnishing a personal bond of Rs.10,000/- (Rupees Ten
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R/SCR.A/12291/2026(GJHC240635262026) ORDER DATED: 21/08/2026
Thousand) to the satisfaction of the concerned jail authority
on usual terms and conditions, with a direction that the
petitioner shall surrender to the jail authority on expiry of
the parole leave period forthwith, with a further condition
that the applicant shall mark presence before the nearest
rd th
police station every 3 and 5 day of the parole leave period.
Rule is made absolute accordingly.
5.1 Direct service is permitted.
(SANJEEV J.THAKER,J)
ADITYA SINGH/18
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 21/08/2026 15:57:35
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