LALJIBHAI @ LATIYABHAI NATIYABHAI RATHVAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole leave for seven days subject to bond and reporting conditions.
Summary
The petitioner, Laljibhai @ Latiyabhai Natiyabhai Rathva, 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 notice. The High Court considered the petitioner's request, the grounds raised, and the jail remarks, and exercised its discretion in favor of the petitioner. The Court found that the criteria for granting parole on the basis of an appeal were satisfied. Consequently, the petition was partly allowed, granting the petitioner a seven‑day parole on condition of furnishing a personal bond of Rs.10,000 and complying with reporting requirements to the police and jail authority.
Issues considered
- Whether parole leave can be granted to a convicted prisoner on the ground of filing an appeal
Subjects
Judgment
R/SCR.A/12281/2026(GJHC240635172026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12281 of
2026
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LALJIBHAI @ LATIYABHAI NATIYABHAI RATHVA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
MS. SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 21/08/2026
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 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
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R/SCR.A/12281/2026(GJHC240635172026) ORDER DATED: 21/08/2026
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, with a further condition
that the applicant shall mark presence before the nearest
rd th
police station every 3 and 5 day of the parole leave period.
Rule is made absolute accordingly.
5.1 Direct service is permitted.
(SANJEEV J.THAKER,J)
ADITYA SINGH/16
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 21/08/2026 15:56:25
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