High Court of Gujarat
NAWAZBHAI @GATI MUSABHAI PATHAN THRO RAJIYABEN MUSTAKBHAI PATHANversusSTATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
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
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NAWAZBHAI @GATI MUSABHAI PATHAN THRO RAJIYABEN
MUSTAKBHAI PATHAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS SONALBEN C CHAVDA(12531) for the Applicant(s) No. 1
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
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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
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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
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