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High Court of Gujarat

VASIMKHAN AMANULLAHKHAN ABDULKHAN PATHAN THROUGH PATHAN NILOFERBANU VASIMKHANversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court exercised its discretion and granted parole leave for seven days upon the petitioner furnishing a personal bond.

Summary

The petitioner, Vasimkhan Amanullahkhan Abdulkhan Pathan, filed a special criminal application seeking parole leave on the ground that he had filed an appeal. The Additional Public Prosecutor waived service of notice for the State. The Court considered the petitioner's averments and the jail remarks, and exercised its discretion in his favour. The petition was partly allowed, directing the petitioner to be released on parole for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority. The order also required the petitioner to mark his presence at the nearest police station every third and fifth day of the parole period and to surrender to the jail at the expiry of the leave.

Issues considered

  • Whether parole leave should be granted to the petitioner on the ground of filing an appeal

Subjects

parolecriminal procedureleave of absencediscretionbondappeal

Judgment

     R/SCR.A/11952/2026                                    ORDER DATED: 17/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 11952 of
                           2026

==========================================================
     VASIMKHAN AMANULLAHKHAN ABDULKHAN PATHAN THROUGH
                PATHAN NILOFERBANU VASIMKHAN
                            Versus
                   STATE OF GUJARAT & ORS.
==========================================================
Appearance:
PARTY IN PERSON(5000) 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.      Present petition has been filed by the petitioner through

his representative, who appears in person, seeking parole

leave on the ground of filing appeal.



2.      Rule.         Learned   Additional        Public   Prosecutor        waives
service of notice of rule on behalf of the respondent – State.



3.      Having heard and considering the averments made in

the petition, more particularly, the ground mentioned therein,

as well as considering the jail remarks, this Court is inclined

to exercise discretion in favour of the present petitioner.



4.      The petition, therefore, succeeds and is partly allowed.

The petitioner is ordered to be released on parole leave for a



                                    Page 1 of 2
      R/SCR.A/11952/2026                                                             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 that the petitioner shall surrender to

the jail authority on expiry of the parole leave forthwith.


4.1       Registry to communicate this order to the concerned jail

authority, forthwith.

4.2       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 17:54:17




                                                      Page 2 of 2


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