AMARATBHAI @ KEVABHAI AAHAJI (DABHI)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The court partially allowed the parole application, granting 21 days parole on condition of a Rs.15,000 bond and surety, with attendance at the police station every alternate day, and barred any further extension or reduction of the bond.
Summary
The applicant sought an extension of parole leave following the death of his brother, Mohanbhai Ahaji Dabhi, on 23-02-2026. The State opposed the request, but the respondent waived service of the rule. The court examined the jail remarks and the humanitarian ground presented, and exercised its discretion in favor of the applicant. It granted parole for a period of 21 days, subject to a personal bond of Rs.15,000 and an equal surety, and required the applicant to report to the police station every alternate day. The order expressly barred any further extension of parole or any application to reduce the bond amount.
Issues considered
- Whether the applicant is entitled to parole leave on account of the death of his brother
- Whether the court may impose a bond and surety and restrict further extensions or reduction of the bond
Subjects
Judgment
R/SCR.A/3152/2026 ORDER DATED: 03/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3152 of
2026
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AMARATBHAI @ KEVABHAI AAHAJI (DABHI)
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MAULIK P BASERI(11782) for the Applicant(s) No. 1
PIYUSHKUMAR K BASERI(7933) 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 : 03/03/2026
ORAL ORDER
1. The present application is led by the applicant for
enlarging him on Parole Leave on the ground of demise of
applicant’s brother i.e. Mohanbhai Ahaji Dabhi on
23.02.2026 as mentioned in the application.
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.
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R/SCR.A/3152/2026 ORDER DATED: 03/03/2026
5. This application is partly allowed. The applicant is ordered
to be released on Parole Leave for a period of 21 days from
the date of actual release, upon furnishing a personal bond
of Rs. 15,000/- (Rupees Fifteen Thousand only) with a
surety of the like amount to the satisfaction of the jail
authority, and on further conditions that the Applicant
should mark his presence before the concerned police
station on every alternate day, till the expiry of the Parole
Leave Period.
6. The application is allowed in the aforesaid terms. It is
hereby clari ed that no further extension shall be granted
and further the Court shall not entertain any application for
reduction of amount of Bail bond and surety. Rule is made
absolute. Direct service today is permitted.
(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 03/03/2026 17:15:18
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