SALIMBHAI ADAMBHAI KAKALversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant parole for seven days upon the petitioner furnishing a personal bond of Rs.10,000.
Summary
Salimbhai Adambhai Kakal 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. 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 ordered that the petitioner be released on parole for a period of seven days upon furnishing a personal bond of Rs.10,000 to the satisfaction of the jail authority. The order also directed the petitioner to surrender to the jail authority immediately after the expiry of the parole period.
Issues considered
- What is the appropriate discretion of the court in granting parole leave on the ground of a pending appeal?
- Whether the waiver of service by the Additional Public Prosecutor affects the grant of parole.
Subjects
Judgment
R/SCR.A/10066/2026 ORDER DATED: 17/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 10066 of
2026
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SALIMBHAI ADAMBHAI KAKAL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR PIYUSH D GOHIL(13596) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/07/2026
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/10066/2026 ORDER DATED: 17/07/2026
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 17/07/2026 16:49:04
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