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High Court of Gujarat

SURESHBHAI VAGTABHAI RAGABHAIversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted parole leave to the petitioner pending the appeal.

Summary

The petitioner, Sureshbhai Vagtabhai Ragabhai, filed a special criminal application seeking parole leave on the ground that he has filed an appeal against his conviction. The State, represented by the Additional Public Prosecutor, waived service of notice. The court heard arguments from both sides and considered the petitioner's request along with the jail remarks. Exercising its discretion, the court decided in favor of the petitioner, granting parole for seven days upon furnishing a personal bond of Rs.10,000 and imposing conditions of surrender and periodic police reporting. The order was made absolute, allowing the petitioner to be released on parole under the stipulated terms.

Issues considered

  • Whether the petitioner is entitled to parole leave pending the filing of an appeal against his conviction

Subjects

parolecriminal procedureappealdiscretionpersonal bondjail authority

Judgment

     R/SCR.A/11091/2026                                     ORDER DATED: 04/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 11091 of
                           2026

==========================================================
                          SURESHBHAI VAGTABHAI RAGABHAI
                                      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 : 04/08/2026

                                   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.

The petitioner is ordered to be released on parole for a

period of 07 days from the date of his/her actual release on

his furnishing a personal bond of Rs.10,000/- (Rupees Ten



                                     Page 1 of 2
      R/SCR.A/11091/2026                                                   ORDER DATED: 04/08/2026




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 and with a further condition

that the applicant shall mark presence before the nearest
                                    rd            th
police station every 3                   and 5         day of the parole leave period.

Rule is made absolute accordingly.


5.1      Direct service is permitted.


                                                                        (SANJEEV J.THAKER,J)
ADITYA SINGH/19

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 04/08/2026 15:54:05




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