DIVYESH DILIPBHAI PATHAKversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion to grant parole leave for fourteen days, subject to a personal bond and surrender conditions.
Summary
The petitioner, Divyesh Dilipbhai Pathak, filed a special criminal application for parole leave while incarcerated, seeking a 20‑day leave to arrange maintenance funds. The Additional Public Prosecutor waived service of notice on behalf of the State, allowing the application to be considered without procedural delay. The Court examined the petitioner’s ground and jail remarks, and exercised its discretion in his favor. It granted parole for fourteen days, conditional upon the petitioner furnishing a personal bond of Rs.10,000 and surrendering to the jail authority at the end of the period. The order was made absolute and direct service of the order was permitted.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole leave on the ground of maintenance?
- Does the waiver of service of notice affect the validity of the parole application?
Subjects
Judgment
R/SCR.A/5334/2026 ORDER DATED: 20/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 5334 of
2026
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DIVYESH DILIPBHAI PATHAK
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KUNAL P CHANDIRAMANI(10152) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 20/04/2026
ORAL ORDER
1. This petition, through jail, is filed by the petitioner seeking
parole leave for 20 days on the ground of arranging the amount for
maintenance.
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, 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
fourteen days from the date of his actual release on his furnishing
a personal bond of Rs.10,000/- (Rupees Ten Thousand) to the
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R/SCR.A/5334/2026 ORDER DATED: 20/04/2026
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 Direct service is permitted.
(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 20/04/2026 16:07:33
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