MUSRAFKHAN GOREKHAN PATHANversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole leave for seven days subject to a bond and reporting conditions.
Summary
Musrafkhan Gorekhan Pathan filed a Special Criminal Application seeking parole leave on the ground that he has filed an appeal against his conviction. The Additional Public Prosecutor waived service on behalf of the State. The court considered the petition, the grounds raised, and the jail remarks, and exercised its discretion in favour of the petitioner. It ordered the petitioner to be released on parole for seven days upon furnishing a personal bond of Rs.10,000 and complying with standard conditions, including surrendering at the end of the period and reporting to the nearest police station every third and fifth day. 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
Subjects
Judgment
R/SCR.A/11102/2026 ORDER DATED: 04/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 11102 of
2026
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MUSRAFKHAN GOREKHAN PATHAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1
MR. RONAK RAVAL, APP for the Respondent(s) No. 1
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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
Thousand) to the satisfaction of the concerned jail authority
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R/SCR.A/11102/2026 ORDER DATED: 04/08/2026
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
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 15:57:30
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