JITESHBHAI RAMESHLAL GAJARIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted the petitioner parole leave for one week on condition of a personal bond.
Summary
The petitioner, Jiteshbhai Rameshlal Gajariya, filed a special criminal application seeking parole leave on the ground that he had filed an appeal against his conviction. The State of Gujarat, represented by the Additional Public Prosecutor, waived service of notice. The court considered the petitioner's request, the grounds raised, and the jail remarks, and exercised its discretion in his favour. It held that the petitioner was eligible for temporary release pending the appeal. Accordingly, the court granted parole for one week, subject to a personal bond of Rs.10,000 and the usual terms and conditions, directing surrender at the end of the period. The order was made absolute and direct service was permitted.
Issues considered
- Whether the petitioner is entitled to parole leave pending the filing of an appeal against his conviction.
Subjects
Judgment
R/SCR.A/8061/2026 ORDER DATED: 15/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 8061 of
2026
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JITESHBHAI RAMESHLAL GAJARIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1
MR KM ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 15/06/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of filing appeal.
2. Rule. Learned Additional Public Prosecutor waives
service on behalf of the respondent – State.
3. Heard, the learned advocates for the parties.
4. Having heard and considering the averments made in
the petition, more particularly, the ground mentioned therein
as well as the jail remarks, this Court is inclined to exercise
discretion in favour of the present petitioner.
5. The petition, therefore, succeeds and is partly allowed.
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R/SCR.A/8061/2026 ORDER DATED: 15/06/2026
The petitioner is ordered to be released on parole for a
period of one week from the date of his/her actual release on
his furnishing a personal bond of Rs.10,000/- (Rupees Ten
Thousand) to the satisfaction of the concerned jail authority
on usual terms and conditions, with a direction that the
petitioner shall surrender to the jail authority on expiry of
the parole leave period forthwith. Rule is made absolute
accordingly.
5.1 Direct service is permitted.
(SANJEEV J.THAKER,J)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/06/2026 14:44:04
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