BHARATBHAI MAGANBHAI HARSODAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court allowed the petition, granting parole for seven days upon the petitioner furnishing a personal bond of Rs.10,000.
Summary
The petitioner, Bharatbai Maganbhai Harsoda, filed a special criminal application seeking parole leave on the ground of a pending appeal. The Additional Public Prosecutor waived service of notice on behalf of the State. After hearing the parties, the Court considered the petitioner's request and the jail remarks, and exercised its discretion in his favour. The Court ordered that the petitioner be released on parole for a period of seven days, subject to furnishing a personal bond of Rs.10,000 to the jail authority. The order also directed the petitioner to surrender to the jail authority at the expiry of the parole period. The petition was therefore partly allowed.
Issues considered
- Whether the petitioner is entitled to parole leave pending the disposal of his appeal
- Whether the waiver of service by the Additional Public Prosecutor affects the grant of parole
- Whether the court may exercise its discretion to grant parole on the terms proposed
Subjects
Judgment
R/SCR.A/9048/2026 ORDER DATED: 02/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9048 of
2026
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BHARATBHAI MAGANBHAI HARSODA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 02/07/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of fining an 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.
The petitioner is ordered to be released on parole for a
period of seven days from the date of his actual release on
his furnishing a personal bond of Rs.10,000/- (Rupees Ten
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R/SCR.A/9048/2026 ORDER DATED: 02/07/2026
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)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 16:20:50
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