HARESHBHAI S/O MAGABHAI GODARBHAI CHAUDHARY THROUGH VIJAYKUMAR S/O MAGABHAI GODARBHAI CHAUDHARYversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The court partially allowed the parole application, granting 21 days of parole on bond and surety with specified conditions.
Summary
The petitioner, Hareshbhai Chaudhary, filed a special criminal application seeking parole leave for 30 days. The respondent State waived service of the rule. The court examined the grounds and circumstances and exercised its discretion in favor of the petitioner. It partially allowed the application, granting parole for 21 days upon furnishing a personal bond of Rs.25,000 with an equal surety, subject to conditions restricting entry into the local limits of Pethapur Police Station except for daily presence marking, and requiring surrender at the end of the period. The court also ruled that no further reduction of the bond amount would be entertained and that no further extensions of parole would be granted.
Issues considered
- Whether the applicant is entitled to parole leave under the applicable legal provisions
- Whether the conditions of bond, surety, and geographic restriction are appropriate
Subjects
Judgment
R/SCR.A/681/2026 ORDER DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 681 of 2026
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HARESHBHAI S/O MAGABHAI GODARBHAI CHAUDHARY THROUGH
VIJAYKUMAR S/O MAGABHAI GODARBHAI CHAUDHARY
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) 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
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R/SCR.A/681/2026 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 Pethapur
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 13:13:51
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