High Court of Gujarat

VISHALBHAI S/O SURESHBHAI TABIYADversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: SANJEEV THAKER

Holding

The court exercised its discretion and granted parole leave for seven days upon the petitioner furnishing a personal bond of Rs.10,000.

Summary

Vishalbhai S/o Sureshbhai Tabiyad filed a special criminal application seeking parole leave on the ground that he had filed an appeal against his conviction. The State of Gujarat, represented by the Additional Public Prosecutor, waived service of the petition. The court examined the petitioner's averments, particularly the ground of appeal and the jail remarks, and considered its discretion under the parole provisions. Finding merit in the petition, the court exercised its discretion in favor of the petitioner. The petition was partly allowed, granting parole for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, with a direction to surrender after the period. Direct service of the order was permitted.

Issues considered

Whether the petitioner is entitled to parole leave pending the filing of an appeal

Subjects

parolecriminal procedurediscretionappealpersonal bondjail authority

Judgment

 R/SCR.A/12141/2026(GJHC240626122026)                               ORDER DATED: 20/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12141 of
                            2026
================================================================
                    VISHALBHAI S/O SURESHBHAI TABIYAD
                                   Versus
                         STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) 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 of filing an 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. The petitioner is ordered to be released on



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 R/SCR.A/12141/2026(GJHC240626122026)                                        ORDER DATED: 20/08/2026




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

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.



                                                                      (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 15:24:10




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