NILESHBHAI BALDEVBHAI DESAIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that, exercising its discretion, the petitioner is entitled to parole leave for seven days upon furnishing a personal bond of Rs 10,000 and complying with the stipulated conditions.
Summary
The petitioner, Nileshbhai Baldevbhai Desai, 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 on behalf of the State. After hearing the parties, the Gujarat High Court exercised its discretion in favour of the petitioner. The court partially allowed the petition, granting parole for a period of seven days, subject to the petitioner furnishing a personal bond of Rs 10,000 and complying with standard terms and conditions, including reporting to the nearest police station every third and fifth day of the parole period. The order also directed the petitioner to surrender to the jail authority at the expiry of the parole leave.
Issues considered
- Whether the petitioner is entitled to parole leave on the ground of filing an appeal
Subjects
Judgment
R/SCR.A/11970/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 11970 of
2026
==========================================================
NILESHBHAI BALDEVBHAI DESAI
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 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.
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R/SCR.A/11970/2026 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 17:57:07
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