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High Court of Gujarat

HARIHAR SARJU MAHONTOversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted parole leave for 21 days upon the petitioner furnishing a personal bond.

Summary

The petitioner, Harihar Sarju Mahonto, filed a special criminal application seeking parole leave, having been incarcerated since 18 November 2003. The State of Gujarat, represented by the Additional Public Prosecutor, waived service of notice. The court considered the petitioner's long period of detention and exercised its discretion under the relevant prison law. It found no impediment to granting parole and ordered the petitioner to be released on parole for 21 days upon furnishing a personal bond of Rs.10,000. The order also required the petitioner to surrender to the jail authority at the end of the parole period. Consequently, the petition was partly allowed.

Issues considered

  • Whether the petitioner is entitled to parole leave after prolonged incarceration

Subjects

parolecriminal applicationdiscretionbondjail authorityrelease

Judgment

      R/SCR.A/9471/2026                                    ORDER DATED: 09/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9471 of
                               2026

==========================================================
                          HARIHAR SARJU MAHONTO
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MS. PAYAL R. PARIK(19152) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                Date : 09/07/2026

                                 ORAL ORDER

1.      This petition is filed by the petitioner seeking parole

leave on the ground stated in the application.



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, considering the fact that the

applicant is in jail since 18.11.2003, this Court is inclined to

exercise discretion in favour of the present petitioner.



5.      The petition, therefore, succeeds and is partly allowed.



                                    Page 1 of 2
      R/SCR.A/9471/2026                                                             ORDER DATED: 09/07/2026




The petitioner is ordered to be released on parole for a

period of 21 days from the date of his 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)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 09/07/2026 17:15:31




                                                      Page 2 of 2


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