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High Court of Gujarat

HAIDARMIYA HANIFMIYA @ ANUBAPU SAIYED KADARIversusSTATE OF GUJARAT

Decided
Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The Court held that, given the petitioner’s good conduct and the filing of an appeal, he is entitled to parole leave for ten days subject to standard conditions and a bail bond.

Summary

The petitioner, Haidarmiya Hanifmiya @ Anubapu Saiyed Kadari, filed a Special Criminal Application seeking parole leave on the ground that he had filed an appeal. The jail report indicated that he had been in custody since 14.05.2026, had surrendered promptly upon previous releases, and his conduct was reported as good. The petitioner’s counsel waived service of the rule on behalf of the State. The Court examined the petition and, considering the applicant’s good conduct, partially allowed the application. It ordered that the petitioner be released on parole for ten days from the date of actual release, subject to usual terms, a bail bond of Rs.10,000, and the requirement to report to the nearest police station and surrender to the jail authority before the parole period expires. The order was communicated to the concerned jail authority.

Issues considered

  • What is the appropriate legal basis for granting parole leave to a prisoner who has filed an appeal?
  • Whether the petitioner’s good jail conduct and prompt surrender upon previous releases justify the grant of parole.

Subjects

  • parole
  • special criminal application
  • jail conduct
  • bail bond
  • Gujarat High Court

Judgment

      R/SCR.A/7322/2026                            ORDER DATED: 25/05/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7322 of 2026

==========================================================
             HAIDARMIYA HANIFMIYA @ ANUBAPU SAIYED KADARI
                                 Versus
                        STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. NIPUL H GONDALIA(6894) for the Applicant(s) No. 1
MS. MAITHILI MEHTA, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 25/05/2026

                              ORAL ORDER


1.      Leave to amend is granted.

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

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

4.      Learned APP draws attention of this Court to the jail report to
indicate that whenever he was released from jail, he surrendered in
time and his jail conduct is reported to be good and he is in jail since
14.05.2026.

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
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


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            R/SCR.A/7322/2026                                                      ORDER DATED: 25/05/2026




     presence at nearer police station and surrender before the jail
     authority on or before the expiry of the period of parole leave.
     Registry to communicate this order through Fax to the concerned Jail
     Authority. Rule is made absolute to the aforesaid extent.




                                                                                       (NIRZAR S. DESAI,J)
     SUYASH SRIVASTAVA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SUYASH KUMAR SRIVASTAVA(HC01570), PRIVATE SECRETARY, at High Court of Gujarat on 25/05/2026 13:52:47




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