KIRANKUMAR S/O AMARCHAND NEGI (RAJPUT)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion to grant parole leave to the petitioner for seven days subject to bond and conditions.
Summary
Kirankumar S/o Amarchand Negi (Rajput) filed a special criminal application seeking parole leave, citing the pending appeal against his conviction and the need for financial assistance to his family. The Additional Public Prosecutor waived service on behalf of the State. The Court, after hearing counsel and reviewing the petition and jail remarks, exercised its discretion in favor of the petitioner. It ordered his release on parole for seven days upon furnishing a personal bond of Rs.10,000 and imposed conditions to surrender after the period and not to leave Gujarat. The order was made absolute and direct service was permitted.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole leave to a convicted prisoner pending appeal?
- Whether the petitioner is entitled to parole on the grounds of pending appeal and financial hardship.
Subjects
Judgment
R/SCR.A/9920/2026 ORDER DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9920 of
2026
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KIRANKUMAR S/O AMARCHAND NEGI (RAJPUT)
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR AVANIDHAR M THAKORE(10377) 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 filing an appeal as well as financial
assistance to his family.
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/9920/2026 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 not leave State of Gujarat while on
parole leave. 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 16:33:20
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