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High Court of Gujarat

HIRAMANBHAI @ HIRALALKAKA KISHANBHAI SHINGNEversusSTATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court exercised its discretion and granted parole leave for seven days upon the petitioner furnishing a personal bond of Rs.10,000.

Summary

The petitioner, Hiramabhai @ Hiralalkaka Kishanbhai Shingne, filed a special criminal application seeking parole leave for 30 days to enable him to file an appeal before the Gujarat High Court. The State, represented by the Additional Public Prosecutor, waived service of notice of rule. The Court examined the petitioner's conduct in jail, noting satisfactory behavior and that he had never been released on bail. Relying on its discretionary power under the criminal procedure law, the Court found merit in the petitioner's request. Consequently, the Court granted parole leave for seven days, conditioned upon the furnishing of a personal bond of Rs.10,000 and compliance with standard terms. The petitioner must surrender to the jail authority at the end of the parole period.

Issues considered

  • Whether the petitioner is entitled to parole leave for the purpose of filing an appeal before the High Court

Subjects

parolecriminal procedurediscretionappealpersonal bondhigh court

Judgment

      R/SCR.A/4861/2026                           ORDER DATED: 10/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 4861 of
                               2026

==========================================================
           HIRAMANBHAI @ HIRALALKAKA KISHANBHAI SHINGNE
                               Versus
                     STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                            Date : 10/04/2026

                             ORAL ORDER


1.      This petition, through jail, is filed by the petitioner seeking
parole leave for 30 days on the ground of enabling him to file
appeal before this Court.


2.      Rule. Learned Additional Public Prosecutor waives service
of notice of rule on behalf of the respondent – State.


3.      Considering application, more particularly, the ground
mentioned therein as well as the jail remarks which indicate that
the petitioner was never released on bail and and that, his conduct
in jail is satisfactory, this Court is inclined to exercise discretion in
favour of the present petitioner.


4.      The petition, therefore, succeeds and is allowed in part. The
petitioner is ordered to be released on parole for a period of seven


                                Page 1 of 2
           R/SCR.A/4861/2026                                                                 ORDER DATED: 10/04/2026




   days from the date of his actual release on his furnishing a
   personal bond of Rs.10,000/- (Rupees Ten Thousand) to the
   satisfaction of the concerned jail authority on usual terms and
   conditions, with a direction that the petitioner shall surrender to
   the jail authority on expiry of the parole leave period forthwith.
   Rule is made absolute accordingly.


   4.1        Registry to communicate this order to the concerned jail
   authority, forthwith.


                                                                                          (SANJEEV J.THAKER,J)
   SRILATHA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/04/2026 17:26:42




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