BHAGABHAI @ BHAGO BABUBHAI KHADERA (GARODA) BRAHMANversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that the petitioner is entitled to parole leave for seven days subject to a personal bond and reporting conditions.
Summary
Bhagabhai @ Bhago Babubhai Khadera filed a Special Criminal Application seeking parole leave on the ground that an appeal has been filed against his conviction. The Additional Public Prosecutor waived service on behalf of the State of Gujarat. After hearing counsel for both sides, the High Court exercised its discretion under the parole provisions and found merit in the petition. The Court ordered the petitioner to be released on parole for a period of seven days upon furnishing a personal bond of Rs 10,000 and subject to conditions of surrender at the end of the period and reporting to the nearest police station on the 3rd and 5th days. The order was made absolute and direct service was permitted, resulting in the petition being partly allowed.
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 under the applicable statutory provisions
Subjects
Judgment
R/SCR.A/10324/2026 ORDER DATED: 21/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 10324 of
2026
==========================================================
BHAGABHAI @ BHAGO BABUBHAI KHADERA (GARODA) BRAHMAN
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 21/07/2026
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.
Page 1 of 2
R/SCR.A/10324/2026 ORDER DATED: 21/07/2026
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 with a further condition
that the applicant shall mark presence before the nearest
police station every 3rd and 5th day from the date of release. .
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 21/07/2026 16:53:29
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.