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High Court of Gujarat

KALUBHAI LAXMANBHAI PATANIversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted parole for seven days on the condition of a personal bond and compliance with standard conditions.

Summary

Kalubhai Laxmanbhai Patani, convicted under Section 125(3) of the Code of Criminal Procedure, filed a special criminal application seeking parole leave to settle a matrimonial dispute. The State, represented by the Additional Public Prosecutor, waived service of notice. After hearing both parties, the High Court exercised its discretion in favour of the petitioner. The court partially allowed the petition, granting parole for seven days upon the petitioner furnishing a personal bond of Rs.10,000 and complying with standard conditions, including reporting to the police station and surrendering after the parole period. Direct service of the order was also permitted.

Issues considered

  • Whether parole can be granted to a convict under Section 125(3) CrPC for the purpose of settling a matrimonial dispute

Legislation cited

Subjects

paroleSection 125(3) CrPCmatrimonial disputecriminal applicationdiscretionbond

Judgment

 R/SCR.A/12116/2026(GJHC240626642026)                               ORDER DATED: 20/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12116 of
                            2026
================================================================
                         KALUBHAI LAXMANBHAI PATANI
                                    Versus
                           STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                     Date : 20/08/2026
                                      ORAL ORDER

1.     This       petition      is      filed     by      the   petitioner       seeking

parole leave on the ground that in view of the fact that

the order has been passed under section 125(3) of the

Code of Criminal Procedure and the applicant wants to

settle the said matrimonial dispute.



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.



                                           Page 1 of 2
  R/SCR.A/12116/2026(GJHC240626642026)                                       ORDER DATED: 20/08/2026




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

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
                                                                       rd         th
conditions and mark his presence on 3                                       & 5        day before

the concerned Police Station, 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)




Manoj Kumar Rai




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 20/08/2026 15:33:53




                                              Page 2 of 2


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