High Court of Gujarat

ASHISH PRABODHBHAI SHAHversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The petition cannot be entertained until the petitioner makes a parole application before the concerned authority.

Summary

Ashish Prabhodhbhai Shah filed a special criminal application seeking parole leave. The court observed that the petitioner had not previously applied for parole to the concerned authority. Consequently, the court held that the petitioner must first make an application to the authority. The court directed the authority to decide the pending application within two weeks of its receipt and to inform the petitioner of the outcome. The petition was thereafter disposed.

Issues considered

Whether a special criminal application for parole leave can be entertained when the petitioner has not first applied to the concerned authority

Subjects

parolespecial criminal applicationproceduralhigh courtdisposal

Judgment

      R/SCR.A/7905/2026                            ORDER DATED: 12/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7905 of
                               2026

==========================================================
                          ASHISH PRABODHBHAI SHAH
                                    Versus
                           STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MAKBUL I MANSURI(2694) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1 – State
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                               Date : 12/06/2026

                                ORAL ORDER


1.      This petition is filed by the petitioner for grant of

parole leave.



2.      From the record, it transpires that the petitioner has

not preferred any application for parole leave before the

authority concerned.



3.      In view of above, it would be open for the petitioner to

make an application for parole leave before the concerned

authority.



4.      As and when such application is made, the concerned

authority is directed to decide the said application of the

petitioner within a period of two weeks therefrom and inform



                                   Page 1 of 2
        R/SCR.A/7905/2026                                                               ORDER DATED: 12/06/2026




about the outcome to the petitioner.


5.                    With above observation and direction, this petition

is disposed of accordingly.


                                                                                     (SANJEEV J.THAKER,J)
M.H. DAVE/29


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/06/2026 15:23:30




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