ANILKUMAR MORARILAL DUBE THRO. RAHUL ANILKUMAR DUBEversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The court allowed the parole application, granting a 21‑day parole on condition of a Rs. 25,000 personal bond with two sureties and reporting requirements.
Summary
The applicant, Anilkumar Mararilal Dube, filed a special criminal application seeking parole leave for medical treatment. The State of Gujarat opposed the application but waived service of the rule. The court examined the applicant's medical need and the circumstances of the case, and exercised its discretion in favor of the applicant. It granted parole for 21 days, subject to a personal bond of Rs. 25,000 with two sureties of equal amount, and required the applicant to report to the police station every alternate day and surrender at the end of the period with medical documents. The court also clarified that no extension or reduction of the bond would be entertained.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole for medical treatment?
- Whether the applicant should be released on parole subject to a personal bond and surety conditions?
Subjects
Judgment
R/SCR.A/2787/2026 ORDER DATED: 26/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2787 of
2026
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ANILKUMAR MARARILAL DUBE THRO RAHUL ANILKUMAR DUBE
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS ALPA J DAVE(3924) 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 : 26/02/2026
ORAL ORDER
1. The present application is filed 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 favour of the applicant.
4. The application is partly allowed. The Applicant is ordered to
be released on Parole for a period of 21 days from the date of
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 further
condition that the Applicant shall mark his presence before the
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R/SCR.A/2787/2026 ORDER DATED: 26/02/2026
concerned police station on 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
clarified that, no extension shall be granted on expiry of the Parole
period and this Court shall also not entertain any application for
reduction of amount of personal bond and surety.
5. The application is allowed in the aforesaid terms. Rule is
made absolute accordingly. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 26/02/2026 15:20:34
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