HARISHBHAI MANGABHAI CHAUHAN (KHAVDU) THRO PRABHABEN VINAYBHAI JADAVversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The court exercised its discretion to grant parole for a period of 21 days subject to a personal bond and sureties.
Summary
The convicted prisoner, Harishbhai Mangabhai Chauhan (Khavdu), filed a special criminal application seeking parole leave while appealing his conviction and to arrange funds for his legal battle. The applicant, represented by Ms. Manjula R. Chauhan, waived service of the rule on the State. The court examined the grounds raised and the surrounding circumstances, and exercised its discretion in favor of the applicant. It ordered his release on parole for 21 days, subject to a personal bond of Rs. 25,000 with two sureties of equal amount, daily police reporting, and a restriction on movement outside the Bhanvad Police Station jurisdiction. No extension of parole or reduction of bond was permitted, and the application was allowed in these terms.
Issues considered
- Whether the court should exercise its discretion to grant parole leave to a convicted prisoner pending appeal and on the basis of the applicant’s need for funds.
Subjects
Judgment
R/SCR.A/2004/2026 ORDER DATED: 12/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2004 of
2026
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HARISHBHAI MANGABHAI CHAUHAN (KHAVDU) THRO PRABHABEN
VINAYBHAI JADAV
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR VINAY VISHEN, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/02/2026
ORAL ORDER
1. The present application is led by the applicant for
enlarging him on parole leave on the ground of ling an
appeal against his conviction and for arranging funds for
the same.
2. Rule returnable forthwith. Learned APP waives
service of rule on behalf of the respondent State.
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R/SCR.A/2004/2026 ORDER DATED: 12/02/2026
3. Having considered the ground mentioned in the
application and considering the facts and circumstance of
the case, this court is inclined to exercise discretion in
favour of the applicant.
4. The applicant is ordered to be released on parole for
a period of 21 days from the date of his actual release,
upon furnishing a personal bond of Rs. 25,000/- (Rupees
Twenty Five Thousand only) with two sureties of like
amount to the satisfaction of the jail authority. The
applicant shall mark his presence before the concerned
police station every day and shall not enter the local
limits of Bhanvad Police Station except for the purpose of
marking his presence and shall surrender to the jail
authorities on expiry of the parole period. It is clari ed
that, no extension shall be granted on expiry of the parole
period and this court shall also not entertain application
for reduction of amount of personal bond and surety.
5. The application is allowed in the aforesaid terms.
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R/SCR.A/2004/2026 ORDER DATED: 12/02/2026
Rule is made absolute accordingly. Direct service is
permitted.
(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 12/02/2026 17:27:19
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