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High Court of Gujarat

HAKUBHAI RAHIMBHAI RATHODversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court held that the petitioner is entitled to parole leave for seven days upon furnishing a personal bond of Rs.10,000.

Summary

Hakubhai Rahimbhai Rathod, who is in jail, filed a special criminal application seeking parole leave on the ground that he has filed an appeal. The Additional Public Prosecutor waived service of notice on behalf of the State. The High Court, after considering the ground of the application and the jail remarks, exercised its discretion in favour of the petitioner. The Court partially allowed the petition, directing that the petitioner be released on parole for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, subject to usual terms and conditions and a requirement to surrender after the parole period. The order was made absolute and the registry was directed to communicate it to the jail.

Issues considered

  • Whether the petitioner is eligible for parole leave pending the outcome of his appeal
  • Whether the waiver of service of notice by the Additional Public Prosecutor affects the grant of parole

Subjects

parolecriminal procedurediscretionbondappealhigh court

Judgment

      R/SCR.A/9164/2026                                         ORDER DATED: 03/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9164 of
                               2026
================================================================
                           HAKUBHAI RAHIMBHAI RATHOD
                                     Versus
                            STATE OF GUJARAT & ORS.
================================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                     Date : 03/07/2026
                                      ORAL ORDER

1.      This petition, through jail, is filed by the petitioner

seeking parole leave               on the ground of filing an appeal.



2.      Rule.       Learned        Additional          Public   Prosecutor         waives

service of notice of rule on behalf of the respondent – State.



3.      Considering          the     application,        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.



4.      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

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



                                         Page 1 of 2
      R/SCR.A/9164/2026                                                  ORDER DATED: 03/07/2026




petitioner shall surrender to the jail authority on expiry of

the parole leave period forthwith. Rule is made absolute

accordingly.



4.1      Registry to communicate this order to the concerned jail

authority, forthwith.


                                                                      (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 03/07/2026 13:53:11




                                               Page 2 of 2


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