Created by Fuzzy Cloud

High Court of Gujarat

NAWAZBHAI @GATI MUSABHAI PATHAN THRO RAJIYABEN MUSTAKBHAI PATHANversusSTATE OF GUJARAT

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

Holding

The petition is partly allowed, granting the applicant ten days of parole leave upon release, subject to a Rs.10,000 bail bond and reporting requirements.

Summary

The applicant, Nawazbhai Pathan, filed a special criminal application seeking parole leave to facilitate filing an appeal. The respondent State waived service of the rule. The court noted the jail report indicating the applicant's good conduct over three years and nine months of imprisonment. Considering these facts, the court partially allowed the petition, granting parole for ten days upon release, subject to standard conditions and a bail bond of Rs.10,000. The applicant must report to the nearest police station and surrender to the jail authority before the parole period expires. The order was communicated to the jail authority via fax.

Issues considered

  • Whether the applicant is eligible for parole leave pending appeal
  • Whether the applicant's jail conduct warrants granting parole
  • Conditions to be imposed on parole

Subjects

  • parole
  • criminal procedure
  • jail conduct
  • bail bond
  • high court order

Judgment

      R/SCR.A/7222/2026                        ORDER DATED: 21/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7222 of
                               2026
==========================================================
         NAWAZBHAI @GATI MUSABHAI PATHAN THRO RAJIYABEN
                      MUSTAKBHAI PATHAN
                             Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS SONALBEN C CHAVDA(12531) for the Applicant(s) No. 1
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 21/05/2026

                            ORAL ORDER

1.      RULE. Learned APP waives service of Rule on behalf of
the respondent-State.


2.      The present petition is preferred by the applicant to
release him on parole on the ground for filing appeal.


3.      Learned APP draws attention of this Court to the jail
report to indicate that his jail conduct is reported to be good
and he is in jail since last three years and nine months.


4.      In that view of the matter, the petition is partly allowed.
The applicant is ordered to be enlarged on parole leave for a
period of 10 (ten) days from the date of his actual release on
usual terms and conditions including furnishing a bail bond of
Rs.10,000/- to the satisfaction of the concerned jail authority.
The applicant shall mark presence at nearer police station and



                               Page 1 of 2
     R/SCR.A/7222/2026                                                   ORDER DATED: 21/05/2026




surrender before the jail authority on or before the expiry of
the period of parole leave.


5.      Registry to communicate this order through Fax to the
concerned Jail Authority. Rule is made absolute to the
aforesaid extent.




                                                                           (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 13:07:33




                                              Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.