PARESHKUMAR BHARATKUMAR THAKORversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that the petitioner is entitled to parole for a period of seven days pending the appeal, subject to a personal bond and surrender condition.
Summary
Parshkumar Bharatkumar Thakor 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. After hearing the parties, the Court exercised its discretion in favour of the petitioner and partially allowed the petition. The petitioner was ordered to be released on parole for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, with the condition of surrendering at the end of the period. The order was made absolute and direct service was permitted.
Issues considered
- Whether the petitioner is entitled to parole leave pending the filing of an appeal
- Whether the court may exercise discretion to grant parole in such circumstances
- Effect of the Additional Public Prosecutor's waiver of service on the petition
Subjects
Judgment
R/SCR.A/10001/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 10001 of
2026
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PARESHKUMAR BHARATKUMAR THAKOR
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.
5. The petition, therefore, succeeds and is partly allowed.
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R/SCR.A/10001/2026 ORDER DATED: 16/07/2026
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 16:53:17
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