LAKSHMANBHAI VARIYABHAI RATHODversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion and granted the petitioner parole for seven days on the condition of a Rs.10,000 personal bond and compliance with stipulated conditions.
Summary
Lakshmanbhai Variyabhai Rathod 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. After hearing the parties, the Court exercised its discretion in favor of the petitioner and granted parole for a period of seven days, subject to a personal bond of Rs.10,000 and usual conditions. The order also requires the petitioner to mark his presence before the nearest police station on the 3rd and 5th days of the parole period and to surrender to the jail authority at the end of the leave. The petition was partly allowed, and the parole was ordered.
Issues considered
- What is the eligibility of a convict to be granted parole leave pending an appeal?
- Whether the waiver of service by the Additional Public Prosecutor affects the grant of parole?
- What conditions should be imposed on parole leave?
Subjects
Judgment
R/SCR.A/11907/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 11907 of
2026
==========================================================
LAKSHMANBHAI VARIYABHAI RATHOD
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/08/2026
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/11907/2026 ORDER DATED: 17/08/2026
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 17/08/2026 17:51:09
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