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High Court of Gujarat

KANABHAI BHIKHABHAI CHAROLIYAversusSTATE OF GUJARAT

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

Holding

The court granted parole leave for 21 days with a Rs.25,000 personal bond and surety, imposed specific conditions, and refused any reduction of the bond amount or further extensions.

Summary

The petitioner, Kanabhai Bhikhabhai Charoliya, filed a special criminal application seeking a 30‑day parole leave. The State, represented by counsel, waived service of the rule. After considering the applicant’s grounds and the case circumstances, the court exercised its discretion in favour of the petitioner. The application was partly allowed, granting parole for 21 days subject to a personal bond of Rs.25,000 with an equal surety, a restriction on entering the local limits of Bhanvad Police Station except for daily presence marking, and a requirement to surrender at the end of the period. The court also ruled that no reduction in bond amount would be entertained and that no further extensions of parole would be permitted.

Issues considered

  • Whether the applicant is entitled to parole leave for the period sought
  • Whether the court may impose a personal bond and surety as conditions for parole
  • Whether the amount of bond and surety can be reduced
  • Whether any further extension of parole can be granted

Subjects

parolepersonal bondsuretycriminal procedurehigh court discretionextension of paroleconditions of release

Judgment

      R/SCR.A/674/2026                               ORDER DATED: 19/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 674 of 2026

==========================================================
                         KANABHAI BHIKHABHAI CHAROLIYA
                                      Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
==========================================================

     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



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       R/SCR.A/674/2026                                                             ORDER DATED: 19/01/2026




be released on Parole Leave for a period of 21 days from the date
of actual release, upon furnishing a personal bond of Rs.25,000/-
(Rupees Twenty Five Thousand only) with a surety of the like
amount to the satisfaction of the jail authority and on the condition
that the applicant shall not enter within the local limits of Bhanvad
Police Station except for marking daily presence 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 13:46:08




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