MOHMAD TOHID S/O MOHAMAD ARIF SHAIKHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion and granted the petitioner parole leave for seven days on condition of a personal bond.
Summary
Mohmad Tohid filed a special criminal application seeking parole leave to enable him to file an appeal against his conviction. The Additional Public Prosecutor waived service of notice on behalf of the State of Gujarat. After hearing the parties, the High Court exercised its discretion in favour of the petitioner and partly allowed the application. The Court ordered his release on parole for seven days upon furnishing a personal bond of Rs.10,000, subject to conditions of reporting to the nearest police station on the 3rd and 5th days, not leaving Gujarat, and surrendering to the jail authority at the end of the period. The order was made absolute and direct service was permitted.
Issues considered
- Whether the petitioner is entitled to parole leave pending the filing of an appeal
- Whether the court may exercise its discretion to grant parole under the circumstances
Subjects
Judgment
R/SCR.A/9793/2026 ORDER DATED: 15/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9793 of
2026
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MOHMAD TOHID S/O MOHAMAD ARIF SHAIKH
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR SM SOJATWALA for MR CHIRAG M MEVAWALA(14159) for the
Applicant(s) No. 1
MS ASMITA V PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 15/07/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground to file 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.
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R/SCR.A/9793/2026 ORDER DATED: 15/07/2026
The petitioner is ordered to be released on parole for a
period of seven days from the date of his/her 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 to mark his
rd th
presence before the nearest police station on 3 and 5 day
of his release, and that the applicant shall not leave the
State of Gujarat during the said period, and with a further
direction that the petitioner shall surrender to the jail
authority on expiry of the parole leave period forthwith.
Rule is made absolute accordingly.
Direct service is permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/32
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/07/2026 14:44:12
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