AABIDKHAN S/O AIYUBKHAN MUSTUFAKHAN PATHANversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court granted parole leave for seven days subject to a personal bond and reporting conditions.
Summary
The petitioner, Aabidkhan Pathan, filed a special criminal application seeking parole leave on the grounds of needing financial assistance for his family and to file an appeal. The Additional Public Prosecutor waived service on behalf of the State, and both parties were heard. The Court examined the petitioner's averments and the jail remarks and exercised its discretion in his favour. 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 and reporting to the nearest police station on the 3rd and 5th days. The order was made absolute and direct service was permitted.
Issues considered
- Whether the petitioner is entitled to parole leave on the basis of financial hardship and the need to file an appeal
- Whether the court may exercise its discretion to grant parole despite the nature of the offence
Subjects
Judgment
R/SCR.A/9868/2026 ORDER DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9868 of
2026
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AABIDKHAN S/O AIYUBKHAN MUSTUFAKHAN PATHAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
S D MANSURI(7509) for the Applicant(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 14/07/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of financial assistance to his family and
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.
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R/SCR.A/9868/2026 ORDER DATED: 14/07/2026
5. 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/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 that the
petitioner shall surrender to the jail authority on expiry of
the parole leave period forthwith with a further condition
that the applicant shall mark presence before the nearest
police station every 3rd and 5th day from the date of release.
Rule is made absolute accordingly.
5.1 Direct service is permitted.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 14/07/2026 16:36:26
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