ANILKUMAR MORARILAL DUBE THRO RAHUL ANILKUMAR DUBEversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The court exercised its discretion to grant parole leave for medical treatment, subject to a personal bond, sureties, and reporting conditions, without allowing any extension or reduction of the bond.
Summary
The petitioner, Anilkumar Morarilal Dube, filed a special criminal application seeking parole leave for the purpose of his medical treatment. The application was presented before the High Court of Gujarat, with counsel Ms. Alpa J. Dave representing the petitioner and Mr. Vinay Vishen, Additional Public Prosecutor, representing the State. After considering the grounds raised and the facts and circumstances of the case, the court exercised its discretion in favor of the petitioner. The court ordered the release of the petitioner 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 him to report to the police station every alternate day. The order also stipulated that the petitioner must surrender at the end of the parole period and submit medical documents, and it expressly barred any extension or reduction of the bond amount. The application was therefore allowed on the terms specified.
Issues considered
- Whether the petitioner is entitled to parole leave for medical treatment under the applicable criminal procedure provisions?
- Whether the court may impose a personal bond, sureties, and reporting conditions as part of the parole grant?
Subjects
Judgment
R/SCR.A/2009/2026 ORDER DATED: 12/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2009 of
2026
==========================================================
ANILKUMAR MORARILAL DUBE THRO RAHUL ANILKUMAR DUBE
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS ALPA J DAVE(3924) for the Applicant(s) No. 1
MR VINAY VISHEN, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
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 for the purpose of his
own treatment.
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
the case, this court is inclined to exercise discretion in
Page 1 of 2
R/SCR.A/2009/2026 ORDER DATED: 12/02/2026
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, and on a
further condition that the applicant shall mark his
presence before the concerned police station every
alternate day. He shall surrender to the jail authorities
on expiry of the parole period, and on surrender he shall
submit the medical case papers of the treatment which he
undergoes during the period of his parole leave. 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 17:30:51
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.