SUNIL HOMSING PALversusSTATE 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 upon bond.
Summary
The petitioner, Sunil Homsing Pal, filed a special criminal application for parole leave while in jail, citing the filing of an appeal as the ground. The Additional Public Prosecutor waived service of notice on behalf of the State. The High Court, after considering the petition and jail remarks, exercised its discretion in favor of the petitioner. The court partially allowed the petition, granting parole for seven days upon the petitioner furnishing a personal bond of Rs.10,000 to the jail authority. The order directs the petitioner to surrender to the jail authority immediately after the parole period expires.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole leave to a convicted person who has filed an appeal?
Subjects
Judgment
R/SCR.A/9956/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9956 of
2026
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SUNIL HOMSING PAL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR ROHAN A SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 16/07/2026
ORAL ORDER
1. This petition, through jail, is filed by the petitioner
seeking parole leave on the ground of filing appeal.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Considering the application, 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.
4. 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
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R/SCR.A/9956/2026 ORDER DATED: 16/07/2026
on 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.
4.1 Registry to communicate this order to the concerned jail
authority, forthwith.
(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 16/07/2026 17:01:20
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