High Court of Gujarat

ANILKUMAR @ RAM RANSINH KASERAversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: UTKARSH THAKORBHAI DESAI

Holding

The application for parole leave was rejected.

Summary

Anilkumar, an under‑trial prisoner, applied for parole leave to provide financial assistance to his family. The State, represented by Ms Jirga Jhaveri, highlighted that the applicant is currently arraigned in another offence and is still on trial. The court considered whether discretion could be exercised to grant parole to a person who is under trial for a separate case. Relying on the principle that parole is a privilege and not a right, especially for an under‑trial accused, the court declined to grant the relief. Consequently, the application for parole leave was rejected.

Issues considered

Whether an under‑trial prisoner accused in another offence is eligible for parole leave.
Whether the court should exercise its discretion to grant parole in such circumstances.

Subjects

paroleunder‑trial prisonerdiscretioncriminal procedurefinancial assistance

Judgment

        R/SCR.A/3085/2026                                                                     ORDER DATED: 05/03/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3085 of
                              2026

==========================================================
                               ANILKUMAR @ RAM RANSINH KASERA
                                             Versus
                                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
         DESAI

                                                    Date : 05/03/2026

                                                       ORAL ORDER
            The Applicant has filed this Application for grant of Parole
Leave on the ground of providing financial assistance to the family.
            Heard learned APP Ms. Jirga Jhaveri, on behalf of the
respondent – State, who has drawn the attention of the Court
towards the jail remarks from wherein it transpires that, the
applicant is arraigned as accused in another offence wherein he is
an under trial prisoner hence, as of now this Court is not inclined
to exercise discretion in favour of the applicant.
            The Application is rejected.




                                                                     (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 05/03/2026 17:48:31




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