High Court of Gujarat

MALEK IRFAN @ GIRI SALIMBHAIversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE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

Holding

The Court granted permission to withdraw the pending parole application, disposing of it as withdrawn.

Summary

The petitioner, Malek Irfan, filed a special criminal application seeking parole leave. While the application was pending before the concerned authority, the petitioner’s counsel moved the High Court for permission to withdraw the application. The State opposed, stating the application was still pending. The Court held that the petitioner is entitled to withdraw a pending parole application and granted the prayer. Consequently, the application was disposed of as withdrawn, but the Court directed the parole authority to decide the matter within two weeks and inform the petitioner. No statutes or precedents were cited.

Issues considered

Whether a petitioner may withdraw a pending parole leave application
Whether the parole authority must still decide the application after withdrawal

Subjects

paroleleavewithdrawalspecial criminal applicationhigh court order

Judgment

        R/SCR.A/8430/2026                                                               ORDER DATED: 19/06/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 8430 of
                               2026

==========================================================
                                   MALEK IRFAN @ GIRI SALIMBHAI
                                              Versus
                                     STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MAULIK P BASERI(11782) for the Applicant(s) No. 1
PIYUSHKUMAR K BASERI(7933) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

    CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                  Date : 19/06/2026

                                                   ORAL ORDER


                      This is an application for parole leave.

                      Learned             APP          for      the        State         submits            that         the

application for furlough leave of the applicant is pending

before this authority concerned for decision.

                      In       view          of      above,           learned            advocate             for        the

applicant              seeks         permission               to      withdraw               this        application.

Permission, as prayed for, is granted. This application stands

disposed of, as withdrawn.

                      However, the authority concerned is directed to

decide the said application of the applicant within a period of

two        weeks           and        communicate                  the      outcome             thereof          to      the

applicant, forthwith.


                                                                                     (SANJEEV J.THAKER,J)
M.H. DAVE/24

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 19/06/2026 15:34:20



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