High Court of Gujarat

LALJIBHAI @LALO JINABHAI KHERversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The High Court may, at its discretion, allow the withdrawal of a Special Criminal Application for parole leave without adjudicating the substantive issues.

Summary

The applicant, Laljibhai @Lalo Jinabhai Kher, filed a Special Criminal Application (Parole Leave) before the Gujarat High Court. Subsequently, the applicant’s counsel, Mr. P.D. Gohil, sought the Court’s permission to withdraw the application. The sole question before the Court was whether it could allow the withdrawal of the pending parole application. The Court exercised its inherent discretion to permit the withdrawal, noting that it would not consider the merits of the parole request. Accordingly, the Court granted the request and ordered the application to stand disposed of as withdrawn.

Issues considered

Whether the High Court may permit the withdrawal of a Special Criminal Application for parole leave without deciding its merits

Subjects

parolespecial criminal applicationwithdrawal of applicationcourt discretion

Judgment

      R/SCR.A/9946/2026                                                              ORDER DATED: 16/07/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9946 of
                               2026

==========================================================
                               LALJIBHAI @LALO JINABHAI KHER
                                           Versus
                                  STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR PIYUSH D GOHIL(13596) for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                               Date : 16/07/2026

                                                 ORAL ORDER

          Learned advocate Mr. S.M. Mansuri for learned advocate

Mr. P.D. Gohil appearing for the applicant seeks permission

to withdraw the present application.


          Permission               as      sought           for       is     granted.            The         present

application stands disposed of as withdrawn.


          It is clarified that this Court has not entered into the

merits of the case.


                                                                                  (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 16/07/2026 15:57:05




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