MANOJGAR MUKNAGAR GOSWAMIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant the petitioner parole leave for seven days upon furnishing a personal bond of Rs.10,000.
Summary
The petitioner, Manojgar Muknag ar Goswami, filed a Special Criminal Application seeking parole leave on the ground that he had filed an appeal against his conviction. The Additional Public Prosecutor waived service of notice on behalf of the State of Gujarat. The High Court, after hearing the parties and considering the petitioner's averments and the jail remarks, exercised its discretion in favor of the petitioner. The Court noted that parole could be granted pending the outcome of the appeal, subject to appropriate safeguards. Consequently, the petition was partly allowed, directing the petitioner’s release on parole for seven days upon furnishing a personal bond of Rs.10,000. The order also required the petitioner to surrender to the jail authority at the expiry of the parole period.
Issues considered
- Whether the petitioner is entitled to parole leave pending the filing of an appeal
- Whether the court may exercise its discretion to grant parole in the circumstances
- Whether service of notice can be waived by the Additional Public Prosecutor
Subjects
Judgment
R/SCR.A/9994/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9994 of
2026
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MANOJGAR MUKNAGAR GOSWAMI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) 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 is filed by the petitioner seeking parole
leave on the ground of filing 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/9994/2026 ORDER DATED: 16/07/2026
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 16/07/2026 16:50:51
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