MAHMADSAFI ABDULLABHAI AMRELIYA(GHANCHI)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole leave to the petitioner for seven days upon bond and conditions.
Summary
The petitioner, MahmadSafi Abdullabhai Amreliya (Ghanchi), applied for parole leave on the ground that he had filed an appeal against his conviction. The Additional Public Prosecutor waived service on behalf of the State, and both parties were heard. The court examined the petitioner's request, the grounds cited, and the jail remarks, and exercised its discretion in favor of the petitioner. It ordered the petitioner to be released on parole for seven days upon furnishing a personal bond of Rs.10,000 and complying with standard conditions, including surrendering at the end of the period. The order also permitted direct service and required the petitioner to mark his presence at the nearest police station on specified days.
Issues considered
- Whether parole leave can be granted to a convicted prisoner on the ground of filing an appeal
Subjects
Judgment
R/SCR.A/9596/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9596 of
2026
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MAHMADSAFI ABDULLABHAI AMRELIYA(GHANCHI)
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS RIDDHIBA JADEJA for MR. NIPUL H GONDALIA(6894) for the
Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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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 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/9596/2026 ORDER DATED: 09/07/2026
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
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.
5.2 The applicant shall mark presence before the nearest
rd th
police station on 3 and 5 day of his parole leave period.
(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 17:18:51
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