RAFIKBHAI ASHRAFBHAI SHAIKHversusSTATE 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 subject to a personal bond and reporting conditions.
Summary
The petitioner applied for parole leave on the ground of settlement, seeking release from custody. The Additional Public Prosecutor waived service on behalf of the State, and both parties were represented by counsel. The Court examined the petitioner's averments, the grounds for parole, and the jail remarks, and exercised its discretion in favor 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. 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 at the end of the leave.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole on the ground of settlement?
- Does the waiver of service by the Additional Public Prosecutor affect the validity of the parole order?
- Are the conditions imposed (bond, police reporting, surrender) sufficient and lawful for the parole leave?
Subjects
Judgment
R/SCR.A/11953/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 11953 of
2026
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RAFIKBHAI ASHRAFBHAI SHAIKH
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MUKESH P JAISINGHANI FOR MR AVANIDHAR M THAKORE(10377)
for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
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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 settlement.
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.
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R/SCR.A/11953/2026 ORDER DATED: 17/08/2026
The petitioner is ordered to be released on parole for a
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 17:55:11
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