High Court of Gujarat
SIRAJKHAN MASAKURKHAN PATHANversusSTATE OF GUJARAT
- Decided
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- NIRZAR S DESAI
Holding
The petition is partly allowed, granting the petitioner parole leave for one week subject to a Rs.10,000 bail bond and compliance with usual terms.
Summary
The petitioner, Sirajkhan Masakurkhan Pathan, filed a special criminal application seeking parole leave to look after his pregnant wife. He offered to bear the cost of Police Japta for a week, and the court directed the respondents to calculate the amount. The petitioner’s jail report indicated good conduct during his nine-year, nine-month, and three-day incarceration. Considering his conduct and humanitarian grounds, the court partly allowed the petition, granting parole for one week subject to a Rs.10,000 bail bond and the usual terms and conditions. The petitioner must surrender to the jail authority before the expiry of the parole period, and the order was communicated to the jail authority via fax.
Issues considered
- What is the eligibility of the petitioner for parole leave on humanitarian grounds and good conduct?
- Whether the petitioner must pay Police Japta for the parole period?
- What conditions, including bail bond, should be imposed for the parole leave?
Subjects
- parole
- prison
- Police Japta
- bail bond
- good conduct
- pregnant wife
- special criminal application
Judgment
R/SCR.A/7232/2026 ORDER DATED: 21/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7232 of
2026
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SIRAJKHAN MASAKURKHAN PATHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DEVANGI B SOLANKI(8888) for the Applicant(s) No. 1
MR. SANDIP N SOLANKI(9119) 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 petitioner to
release him on parole on the ground for looking after his
pregnant wife.
3. Learned advocate Ms. Devangi B. Solanki for the
petitioner, upon instructions, has stated that the petitioner is
ready and willing to bear the cost of Police Japta. Accordingly,
the respondents are directed to calculate the amount to be
paid by the petitioner for Police Japta for a period of one
week. The same may be paid in advance and upon payment of
the Police Japta, the petitioner be released for parole leave for
a period of one week.
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R/SCR.A/7232/2026 ORDER DATED: 21/05/2026
4. 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 nine years, nine months and three
days.
5. 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 One week 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 petitioner shall surrender before the jail authority on or
before the expiry of the period of parole leave.
6. 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 13:07:03
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