HIMMATBHAI RATNABHAI BADHIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole leave for seven days on the condition of a personal bond and reporting requirements.
Summary
The petitioner, Himmatbhai Ratnabhai Badhiya, filed a special criminal application seeking parole leave on the ground that he had filed an appeal against his conviction. The State, represented by Ms. Shruti Pathak, waived service of notice of rule. The court examined the petition, focusing on the ground of appeal and the remarks made by the jail authorities. Exercising its discretion, the court decided in favor of the petitioner and granted parole for seven days, subject to a personal bond of Rs.10,000 and conditions to report to the nearest police station every third and fifth day. The order directs the petitioner to surrender to the jail authority at the end of the parole period and directs the registry to communicate the order to the jail.
Issues considered
- Whether parole leave can be granted to a convicted prisoner on the ground of filing an appeal
- Whether the court may exercise its discretion to grant parole despite the State's waiver of notice
Subjects
Judgment
R/SCR.A/12301/2026(GJHC240638192026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12301 of
2026
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HIMMATBHAI RATNABHAI BADHIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL 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, through jail, is filed by the petitioner
seeking parole leave on the ground of filing an appeal.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Considering the application, 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.
4. 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 furnishing a personal bond of Rs.10,000/- (Rupees Ten
Thousand) to the satisfaction of the concerned jail authority
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R/SCR.A/12301/2026(GJHC240638192026) ORDER DATED: 21/08/2026
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.
4.1 Registry to communicate this order to the concerned jail
authority, forthwith.
(SANJEEV J.THAKER,J)
ADITYA SINGH/23
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 16:00:42
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