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High Court of Gujarat

IRFAN SIRAJ PADA THROUGH SHEHNAJBANU D/O. SIRAJ PADAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted parole leave for three days upon the petitioner furnishing a personal bond, subject to conditions, and held that the Section 268 notification remains in abeyance during the parole period.

Summary

The petitioner, Irfan Siraj Pada, filed a special criminal application seeking parole leave. The Additional Public Prosecutor waived service on behalf of the State. After hearing the parties and considering the petitioner's averments and jail remarks, the court exercised its discretion in favor of the petitioner. The petition was partly allowed, granting parole for three days upon furnishing a personal bond of Rs.10,000 and complying with usual conditions, including marking presence at the nearest police station on the 3rd and 5th days. The court also directed that the notification issued under Section 268 of the Criminal Procedure Code remain in abeyance during the parole period.

Issues considered

  • Whether the petitioner is entitled to parole leave under the provisions of the Criminal Procedure Code
  • Whether the notification under Section 268 Cr.P.C. should remain in force during the parole period

Legislation cited

Subjects

parolecriminal applicationdiscretionbondSection 268 Cr.P.C.Gujarat High Court

Judgment

      R/SCR.A/9685/2026                                  ORDER DATED: 09/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9685 of
                               2026

==========================================================
      IRFAN SIRAJ PADA THROUGH SHEHNAJBANU D/O. SIRAJ PADA
                              Versus
                     STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DIPAK H SINDHI(5710) 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, 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


                                  Page 1 of 2
      R/SCR.A/9685/2026                                                             ORDER DATED: 09/07/2026




period of three 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

police station on 3rd and 5th day of his parole leave period.



6.       The notification issued by the State under Section 268

of the Cr.P.C. in the case of the petitioner shall remain in

abeyance during the said period of parole leave.




                                                                                 (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 17:29:40




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