High Court of Gujarat

TIPU KANAIYABHAI @KANUBHAI BAMANIYAversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The petition for parole was rejected because the petitioner suppressed the fact that an appeal had already been filed, leaving no basis for granting parole.

Summary

The petitioner, Tipu Kanaiyabhai Bamaniya, filed a special criminal application seeking parole leave for 30 days to file an appeal against his conviction, arrange legal representation, and obtain financial assistance for his family. The court noted that the petitioner had already filed Criminal Appeal No.527 of 2026, a fact that was not disclosed in the parole application. The learned counsel for both sides were heard and the court examined the record. The judge held that the suppression of this material fact undermined the petitioner's case. Consequently, the court rejected the parole application, finding no merit to grant leave.

Issues considered

What is the appropriate judicial response when a parole applicant fails to disclose that an appeal against conviction has already been filed?
Whether the petitioner is entitled to parole leave for the purpose of filing an appeal, arranging counsel, and securing financial assistance.

Subjects

parolecriminal appealsuppression of factspecial criminal applicationHigh Court of Gujarat

Judgment

           R/SCR.A/6001/2026                                                                 ORDER DATED: 29/04/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 6001 of
                                  2026

   ==========================================================
                            TIPU KANAIYABHAI @KANUBHAI BAMANIYA
                                            Versus
                                   STATE OF GUJARAT & ORS.
   ==========================================================
   Appearance:
   MR ANIL H RATHOD(9691) for the Applicant(s) No. 1
   MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
   ==========================================================

      CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                     Date : 29/04/2026

                                                       ORAL ORDER


   1.         This petition is filed by the petitioner seeking parole

   leave for 30 days on the ground that the petitioner intends

   to file appeal against the conviction, make arrangement to

   engage lawyer and also for financial assistance of the family.

   2.         Heard the learned advocates for the respective parties

   and perused the papers available on record.

   3.         The jail remarks indicate that the petitioner has already

   filed Criminal Appeal No.527 of 2026.

   4.         In view of the said suppression of fact, no case is made

   out        for       granting             this        petition.           The         petition            is      rejected,

   accordingly.


                                                                                          (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 29/04/2026 16:14:35




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