NANDISH RAJENDRABHAI SHAHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole leave for seven days on the condition of a personal bond of Rs.10,000.
Summary
The petitioner, Nandish Rajendrabhai Shah, filed a special criminal application seeking parole leave on the grounds that he has filed an appeal and requires financial assistance for his family. The Additional Public Prosecutor waived service on behalf of the State, and both parties were heard before the Hon'ble Justice Sanjeev J. Thaker. The court examined the petitioner's averments, the grounds raised, and the jail remarks, and exercised its discretion in favor of the petitioner. It held that the circumstances warranted a temporary release, subject to conditions. Consequently, the petition was partly allowed, granting the petitioner parole for seven days upon furnishing a personal bond of Rs.10,000 and complying with standard terms and conditions.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole leave to a convicted person pending an appeal and facing financial hardship?
Subjects
Judgment
R/SCR.A/9924/2026 ORDER DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9924 of
2026
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NANDISH RAJENDRABHAI SHAH
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) 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 and 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/9924/2026 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. 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 16:31:40
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