DILIPBHAI KABHAIBHAI NAYAKversusSTATE 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, subject to reporting and surrender conditions.
Summary
The petitioner, Dilipbhai Kabhaibhai Nayak, 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 the application on behalf of the State. After hearing both 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 a period of seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, with the usual terms and conditions. He must surrender to the jail authority at the expiry of the parole period and report to the nearest police station every third and fifth day of the leave. Direct service of the order was also permitted.
Issues considered
- The petitioner’s entitlement to parole leave pending the filing of an appeal
- The discretion of the Court to grant parole under the circumstances
- The effect of the waiver of service by the Additional Public Prosecutor
Subjects
Judgment
R/SCR.A/10552/2026 ORDER DATED: 28/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 10552 of
2026
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DILIPBHAI KABHAIBHAI NAYAK
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS. MAYURI P CHAUHAN(7069) 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 : 28/07/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of filing 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.
The petitioner is ordered to be released on parole for a
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R/SCR.A/10552/2026 ORDER DATED: 28/07/2026
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.
5.2 The applicant shall mark presence before the nearest
rd th
police station every 3 and 5 day of his/her parole leave
period.
(SANJEEV J.THAKER,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 28/07/2026 17:18:38
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