JASMINBHAI BHARATBHAI KOTHARIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion to grant parole on humanitarian grounds, subject to a personal bond of Rs.10,000 and a deposit of Rs.2,00,000.
Summary
Jasminbhai Bharatbhai Kothari filed a special criminal application seeking parole to attend his wife's surgery scheduled for 18‑08‑2026, requiring funds of Rs.1,50,000. The Additional Public Prosecutor waived service for the State. The petitioner, through counsel, voluntarily offered to deposit Rs.2,00,000 as security. Considering the humanitarian ground and the applicant’s willingness to provide the deposit, the Court exercised its discretion in favour of the petitioner. The petition was partly allowed, granting a seven‑day parole on condition of a personal bond of Rs.10,000 and a deposit of Rs.2,00,000 before the Court registry, with the requirement to surrender at the end of the parole period.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting parole on humanitarian grounds?
- Whether the petitioner’s voluntary deposit of Rs.2,00,000 satisfies the conditions for parole leave.
Subjects
Judgment
R/SCR.A/12032/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12032 of
2026
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JASMINBHAI BHARATBHAI KOTHARI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS RAKSHA KHATED FOR MR KAUSHIK H BAROT(12920) 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 surgery of his wife which is fixed on
18.08.2026, for which, the applicant has to manage the funds
to the extent of Rs.1,50,000/-.
2. Rule. Learned Additional Public Prosecutor waives
service on behalf of the respondent – State.
3. Heard, the learned advocates for the parties. Learned
advocate for the applicant has voluntarily submitted that the
applicant is ready and willing to deposit an amount of
Rs.2,00,000/-.
4. Having heard and considering the averments made in
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R/SCR.A/12032/2026 ORDER DATED: 17/08/2026
the petition, more particularly, the ground mentioned therein
as well as the jail remarks, and the voluntarily submission
made by learned advocate for the applicant for deposit of
Rs.2,00,000/-, this Court is inclined to exercise discretion in
favour of the present petitioner, on humanitarian grounds.
5. The petition, therefore, succeeds and is partly allowed.
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 and on further condition that
the petitioner deposits a sum of Rs.2,00,000/- before the
Registry of this Court, and also 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.
(SANJEEV J.THAKER,J)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 18:23:38
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