THAKOR SHAILESHJI BALAJI THRO THAKOR NARENDRASINH MAFAJIversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant parole for fourteen days upon a personal bond, despite the petitioner’s request for sixty days.
Summary
The petitioner, Thakor Shaileshji Balaji, filed a special criminal application seeking parole leave for 60 days on the ground of his son’s marriage. The Additional Public Prosecutor waived service of the rule on behalf of the State. The Court considered the petitioner's request, the grounds presented, and the jail’s remarks, and exercised its discretion in favour of the petitioner. It allowed the petition in part, granting parole for fourteen days instead of the requested sixty, subject to a personal bond of Rs.10,000 and the condition that the petitioner surrender to the jail authority at the end of the leave. Direct service of the rule was also permitted. The order was signed by Justice Sanjeev J. Thaker.
Issues considered
- Whether parole leave can be granted on the ground of a family event such as a son’s marriage
- Whether the court may exercise discretion to modify the period of parole requested
- Effect of the Additional Public Prosecutor’s waiver of service of the rule on the proceedings
Subjects
Judgment
R/SCR.A/5383/2026 ORDER DATED: 20/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 5383 of
2026
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THAKOR SHAILESHJI BALAJI THRO THAKOR NARENDRASINH MAFAJI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) 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 60 days on the ground of his son’s marraige.
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
satisfaction of the concerned jail authority on usual terms and
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R/SCR.A/5383/2026 ORDER DATED: 20/04/2026
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 16:06:08
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