PUSHPENDRA @ PUSVIN BIRENDRASING SHRIVASAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The court partially allowed the parole application, granting 21 days of parole with a Rs.15,000 personal bond and surety, subject to reporting and surrender conditions.
Summary
The petitioner, Pushpendra Birendrasing Shrivasa, filed a special criminal application seeking parole leave for 30 days. The court considered the grounds and circumstances of the case and exercised its discretion in favor of the applicant. The application was partially allowed, granting parole for 21 days upon furnishing a personal bond of Rs.15,000 with an equal surety, and imposing conditions of reporting to the police station every alternate day and surrendering at the end of the period. The court declined to entertain any request to reduce the bond amount and clarified that no further extensions would be permitted. The order was made absolute and signed by Justice Utkarsh Thakorbhai Desai.
Issues considered
- What is the appropriate discretion of the court in granting parole leave to the applicant?
- Should the applicant be granted the full 30 days of parole leave sought?
- What conditions, including bond and surety, should be imposed on the parole?
Subjects
Judgment
R/SCR.A/643/2026 ORDER DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 643 of 2026
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PUSHPENDRA @ PUSVIN BIRENDRASING SHRIVASA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
Date : 19/01/2026
ORAL ORDER
1. The present application is filed by the Applicant for enlarging
him on Parole leave for a period of 30 days on the ground
mentioned in the application.
2. Rule returnable forthwith. Learned APP waives service of
Rule on behalf of the Respondent State.
3. Having considered the ground mentioned in the Application
and considering the facts and circumstance of the case, this court is
inclined to exercise discretion in favour of the applicant.
4. The application is partly allowed. The Applicant is ordered to
be released on Parole Leave for a period of 21 days from the date
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R/SCR.A/643/2026 ORDER DATED: 19/01/2026
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 a condition that the
applicant shall mark his presence before the concerned police
station on every alternate day and on a further condition that the
Applicant shall surrender to the Jail authorities on expiry of the
Parole period.
5. This Court shall not entertain application for reduction of
amount of personal bond and surety.
6. The application is allowed in the aforesaid terms. It is hereby
clarified that no further extension shall be granted. Rule is made
absolute.
(UTKARSH THAKORBHAI DESAI, J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/01/2026 13:35:09
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