JAYANTIBHAI ARJANBHAI @AJABHAI CHUNARA(VAGHARI) THRO MAHESH ARJANBHAI @AJABHAI CHUNARA (VAGHARI)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The court exercised its discretion and granted parole leave to the applicant on the stated terms.
Summary
The petitioner, Jayantibhai Arjanbhai, applied for an extension of parole leave on the ground of his daughter's death. The State opposed the application but waived service of the rule. The court examined the jail remarks and the applicant's grounds, and exercised its discretion in favor of the petitioner. It ordered that the petitioner be released on parole from 9:00 a.m. to 6:00 p.m. on 8 January 2026, with police custody and travel time excluded, the cost to be borne by the Government. The number of police personnel accompanying him will be decided by the Jail Superintendent, and the applicant must return to jail after the parole period. The rule was made absolute and direct service permitted.
Issues considered
- Whether parole leave can be granted on the ground of the death of the applicant's daughter
- Whether the court may exercise its discretion to extend parole in such circumstances
Subjects
Judgment
R/SCR.A/265/2026 ORDER DATED: 07/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 265 of 2026
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JAYANTIBHAI ARJANBHAI @AJABHAI CHUNARA(VAGHARI) THRO
MAHESH ARJANBHAI @AJABHAI CHUNARA (VAGHARI)
Versus
STATE OF GUJARAT & ORS.
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Appearance:
DIPSIKHA P MISHRA(10116) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 07/01/2026
ORAL ORDER
1. The present application is filed by the applicant for
enlarging him on Parole Leave on the ground of death of
his daughter.
2. Heard learned Advocate for the Applicant and learned APP
appearing on behalf of the Respondent – State.
3. Rule returnable forthwith. Learned APP waives service of
Rule on behalf of the respondent-State.
4. Having considering the jail remarks and ground mentioned
in the Application, this Court is inclined to exercise
discretion in favour of the applicant.
5. This application is partly allowed. The applicant is ordered
to be released on parole on 08.01.2026 from morning 9.00
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R/SCR.A/265/2026 ORDER DATED: 07/01/2026
am to evening 6.00 pm with police custody excluding the
travelling time, the cost of which shall be borne by the
Government. The number of police personnel who will
accompany the applicant in civil clothes shall be decided by
the Jail Superintendent. The custody of the applicant shall
be submitted to the jail authorities on expiry of the parole
period.
6. The application is allowed in the aforesaid terms. Rule is
made absolute. Direct service is permitted today.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 07/01/2026 18:26:53
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