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High Court of Gujarat

MAHAMMADFARUQ @ HARUN MAHAMMADKARIM @ ABDULKARIM MANDALversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court granted parole leave for seven days upon the petitioner furnishing a personal bond of Rs.10,000.

Summary

The petitioner, Mahammadfaruq, filed a special criminal application seeking parole leave on the ground that he had filed an appeal against his conviction. The State, represented by the Additional Public Prosecutor, waived service of the petition. After hearing both parties, the Court exercised its discretion in favor of the petitioner. The petition was partly allowed, directing the petitioner to be released on parole for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, with the condition of surrendering at the end of the period. The order was made absolute and direct service was permitted.

Issues considered

  • Whether the petitioner is entitled to parole leave on the ground of filing an appeal against his conviction

Subjects

paroleappealcriminal procedurediscretionbondjail authority

Judgment

 R/SCR.A/12145/2026(GJHC240626132026)                               ORDER DATED: 20/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12145 of
                            2026
================================================================
     MAHAMMADFARUQ @ HARUN MAHAMMADKARIM @ ABDULKARIM
                          MANDAL
                           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




                                           Page 1 of 2
  R/SCR.A/12145/2026(GJHC240626132026)                                        ORDER DATED: 20/08/2026




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

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 15:24:53




                                               Page 2 of 2


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