High Court of Gujarat

BHARATBHAI MALUBHAI BHOJEEYA DEVIPUJAK THROUGH VIJAYBHAI BHARATBHAI BHOJAIYA DEVIPUJAKversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: UTKARSH THAKORBHAI DESAI

Holding

The application was disposed of as withdrawn upon the applicant’s request.

Summary

The applicant, Bharatbai Malubhai Bhojeeya Devipujak, filed a Special Criminal Application (Parole Leave) after completing his sentence, claiming the application had become infructuous. He sought the court’s permission to withdraw the application. The respondent, the State of Gujarat, was represented by an Additional Public Prosecutor. The learned counsel for the applicant argued that since the sentence was served, there was no longer any basis for the parole application. The Hon’ble Justice Utkarsht Thakorbhai Desai considered the request and granted permission to withdraw. Consequently, the application was disposed of as withdrawn.

Issues considered

Whether a Special Criminal Application for parole can be withdrawn after the applicant has completed his sentence.

Subjects

parolespecial criminal applicationwithdrawalsentence completedhigh court order

Judgment

            R/SCR.A/1636/2026                                                    ORDER DATED: 09/02/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 1636 of
                                  2026

    ==========================================================
     BHARATBHAI MALUBHAI BHOJEEYA DEVIPUJAK THROUGH VIJAYBHAI
                  BHARATBHAI BHOJAIYA DEVIPUJAK
                              Versus
                     STATE OF GUJARAT & ORS.
    ==========================================================
    Appearance:
    MR SUMIT K PRAJAPATI(8867) for the Applicant(s) No. 1
    MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
    No. 1
    ==========================================================

       CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
             DESAI

                                               Date : 09/02/2026

                                                 ORAL ORDER


              Mr. Sumit Prajapati, learned advocate for the

    applicant             submits            that,        the       applicant             has        already

    completed his sentence, and hence, this application has

    become infructuous.                         He therefore seeks permission to

    withdraw this application.                              Permission as prayed for is

    granted. Application stands disposed of as withdrawn.




                                                             (UTKARSH THAKORBHAI DESAI, J)
    DIVYA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/02/2026 18:19:58
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