CHAUDHARY VISABHAI LAXMANBHAIversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The court exercised its discretion to grant parole for 21 days with a Rs. 25,000 personal bond and two sureties, imposing strict conditions and prohibiting any extension or reduction of the bond.
Summary
The petitioner, Chaudhary Visabhai Laxmanbhai, filed a special criminal application seeking parole leave while his appeal against conviction was pending, also requesting funds for the same. The court noted that the applicant waived service of the rule on behalf of the State and considered the merits of the parole request. After evaluating the facts and circumstances, the court exercised its discretion in favor of the applicant. It ordered his release on parole for a period of 21 days, subject to a personal bond of Rs. 25,000 and two sureties of equal amount, and required daily reporting to the police station. The order expressly barred any extension of the parole period or reduction of the bond amount, and the application was allowed on these terms.
Issues considered
- Whether the applicant is entitled to parole leave pending the disposal of his appeal against conviction
- Whether the court may impose a personal bond and surety conditions on parole
- Whether the parole period may be extended or the bond amount reduced
Subjects
Judgment
R/SCR.A/2006/2026 ORDER DATED: 12/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2006 of
2026
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CHAUDHARY VISABHAI LAXMANBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) 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.
3. Having considered the ground mentioned in the
application and considering the facts and circumstance of
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R/SCR.A/2006/2026 ORDER DATED: 12/02/2026
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 Radhanpur Police Station, except for the purpose
of marking his presence and 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. The
application is allowed in the aforesaid terms. 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 17:28:55
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