High Court of Gujarat
ANILKUMAR @ RAM RANSINH KASERAversusSTATE OF GUJARAT
- Decided
- Disposal
- 28-REJECTED @ ADM.STAGE
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
- parole
- under‑trial prisoner
- discretion
- criminal procedure
- financial 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
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ANILKUMAR @ RAM RANSINH KASERA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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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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