GANESHBHAI VALJIBHAI OLAKIYA THRO LAKHANBHAI GANESHBHAI OLAKIYAversusSTATE OF GUJARAT
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- P M RAVAL
Holding
The court held that, given the petitioner's prior compliance and the filing of an appeal, parole leave of ten days may be granted.
Summary
The petitioner, Ganesbhai Valjibhai Olakiya, filed a Special Criminal Application seeking parole leave for 30 days on the ground that he had filed an appeal. The Additional Public Prosecutor waived service on behalf of the State. The court examined the petitioner's claim that he had previously been released in May 2025 and had returned to jail on time, indicating good conduct. Considering these averments, the court exercised its discretion in favor of the petitioner. Consequently, the petition was allowed in part, granting parole for ten days upon furnishing a personal bond of Rs.10,000 and directing surrender at the end of the period.
Issues considered
- Whether parole leave may be granted on the ground of filing an appeal
- Whether the court may exercise discretion to grant parole despite the original request for a longer period
Subjects
Judgment
R/SCR.A/6862/2026 ORDER DATED: 08/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO.
6862 of 2026
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GANESHBHAI VALJIBHAI OLAKIYA THRO LAKHANBHAI
GANESHBHAI OLAKIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 08/05/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole leave
for a period of 30 days on the ground of filing appeal.
2. Rule. Learned Additional Public Prosecutor waives service
on behalf of the respondent – State.
3. Heard, the learned advocates for the parties.
4. Having heard and considering the averments made in the
petition, more particularly, the ground mentioned therein as well
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R/SCR.A/6862/2026 ORDER DATED: 08/05/2026
as the jail remarks which indicate that the petitioner was lastly
released in the month of May 2025 and reported back in time, this
Court is inclined to exercise discretion in favour of the present
petitioner.
5. The petition, therefore, succeeds and is allowed in part. The
petitioner is ordered to be released on parole for a period of 10
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
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.
5.1 Direct service is permitted.
[ P. M. Raval, J. ]
hiren/9tss8526
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/05/2026 14:16:43
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