High Court of Gujarat
MOHAMMAD JAVED BISMILLAH KHAN THAKORversusSTATE OF GUJARAT
- Decided
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court dismissed the petitioner’s applications for parole leave.
Summary
The petitioner, Mohammad Javed Bismillah Khan Thakor, applied for parole leave to appear for his LL.B. Semester‑6 examinations scheduled from 21 to 26 May 2026. The court noted that the petitioner had previously been granted parole and temporary bail on multiple occasions but repeatedly absconded, remaining at large for 409 days after a 2023 parole and for 103 days after a 2025 parole, leading to his arrests in July 2024 and June 2026. The petitioner’s current request was identical to a prior one that had also been denied on the ground of his habitual absconding. Although the court was initially inclined to grant the leave, it required the petitioner to bear the cost of police japta, which his counsel refused. Consequently, the court found no sufficient justification to grant parole given the petitioner’s pattern of non‑compliance. Both parole applications were therefore dismissed.
Issues considered
- Whether parole leave should be granted to a prisoner who has repeatedly absconded after previous parole and bail releases.
- Whether the imposition of police japta expenses is a valid condition for granting parole.
- Whether the petitioner’s purpose of appearing for an LL.B. examination constitutes a sufficient ground for parole in view of his past conduct.
Subjects
- parole
- absconding
- temporary bail
- police japta
- LL.B. examination
- High Court of Gujarat
- habitual non‑compliance
Judgment
R/SCR.A/7117/2026 ORDER DATED: 21/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7117 of
2026
With
R/SPECIAL CRIMINAL APPLICATION NO. 7123 of 2026
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MOHAMMAD JAVED BISMILLAH KHAN THAKOR
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1
MR ROHAN N SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 21/05/2026
COMMON ORAL ORDER
1. By way of this application, the petitioner is seeking
parole leave on the ground that he wants to appear in
the LL.B. Semester-6 examination, which is commencing
from 21.05.2026 to 26.05.2026.
2. The jail remarks indicate that the petitioner had
remained absconding for a period of 409 days when he
was earlier granted parole leave for a period of 11 days
from 31.05.2023 to 10.06.2023. The petitioner was
arrested by the police on 23.07.2024 after remaining
absconding for 409 days.
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R/SCR.A/7117/2026 ORDER DATED: 21/05/2026
3. Once again, in the year 2025, the petitioner preferred an
application for parole leave and was granted parole
leave for a period of 36 days for the treatment of his wife
from 20.09.2025 to 24.10.2025. However, the petitioner
again remained absconding for a period of 103 days and
was arrested by the police on 04.06.2026 i.e. in the
present year itself.
4. Not only that, the record indicates that the petitioner
was granted temporary bail for periods of 25 days and 6
days in the month of March, 2025, and further for
periods of 25 days, 6 days and 21 days in March and
April, 2025, and at that time also, the petitioner
surrendered late by 6 days.
5. The above facts would indicate that whenever the
petitioner was granted temporary bail or parole leave,
the petitioner had formed a habit of remaining
absconding and, ultimately, on two occasions, the
petitioner was arrested by the police.
6. On one occasion, when the petitioner remained
absconding for 409 days, the reason given by the
petitioner for seeking parole was the same, i.e. to appear
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R/SCR.A/7117/2026 ORDER DATED: 21/05/2026
in the LL.B. examination. This time also, the petitioner is
seeking parole leave on the ground of appearing in the
LL.B. examination, but looking to the past conduct of the
petitioner, this Court does not see any reason to grant
parole leave to the petitioner, as the petitioner has
formed a habit of remaining absconding.
7. Despite the above conduct of the petitioner, the Court
was inclined to grant parole leave to the petitioner as
prayed for, but under police japta and on the condition
that the expenses were to be borne by the present
petitioner, for which Ms. Solanki, learned counsel for the
petitioner, was not inclined and she politely refused to
bear the expenses of police japta.
8. Accordingly, both these applications are required to be
dismissed and the same are dismissed.
(NIRZAR S. DESAI,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 21/05/2026 13:06:30
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