High Court of Gujarat

VIJAYJI S/OF POPATJI SHANTIJI AKA KANTIJI THAKOR THROUGH THAKOR JYOTSANABEN CHANDUJIversusSTATE OF GUJARAT

Disposal: 44-PARTLY ALLOWED @ FH
Bench: UTKARSH THAKORBHAI DESAI

Holding

The court exercised its discretion to grant parole for ten days upon the applicant furnishing a personal bond and sureties, despite a pending offense.

Summary

The petitioner, Vijayji, applied for an extension of parole leave, citing that he had previously been granted temporary bail for seven days but could not avail it due to another pending offense. The petitioner’s counsel argued that discretion should be exercised in his favour. The court considered the application, the facts, and the circumstances, and decided to exercise its discretion. It ordered the petitioner to be released on parole for ten days, subject to a personal bond of Rs. 25,000 and two sureties of Rs. 25,000 each, and daily reporting to the police station. Additional conditions were imposed, including a restriction on entering the Kadi Police Station area and a prohibition on extending the parole or reducing the bond amount. The rule was made absolute.

Issues considered

Whether the petitioner is entitled to parole leave despite a pending offense
Whether the court should exercise its discretion to grant parole on the terms proposed

Subjects

paroletemporary bailspecial criminal applicationdiscretionsuretyGujarat High Court

Judgment

    R/SCR.A/1417/2026                          ORDER DATED: 10/02/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 1417 of
                            2026

==========================================================
   VIJAYJI S/OF POPATJI SHANTIJI AKA KANTIJI THAKOR THROUGH
                 THAKOR JYOTSANABEN CHANDUJI
                             Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1
MR. ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                          Date : 10/02/2026

                             ORAL ORDER


1. The present application is led by the Applicant for enlarging

him on Parole leave on the ground of ling an appeal.


2. Heard learned Advocate Mr. Dineshkumar Prajapati for the

Applicant and learned APP Mr. Rohan Raval appearing on behalf

of the Respondent - State.


3. Rule returnable forthwith. Learned APP waives service of Rule

on behalf of the Respondent State.


4. Learned advocate Mr. Dineshkumar Prajapati submits that,

though the applicant was granted temporary bail vide order

passed by the Division Bench in Criminal Misc. Application No.1 of

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    R/SCR.A/1417/2026                           ORDER DATED: 10/02/2026




2024 in Criminal Appeal No.881 of 2023 on 14.06.2024 whereby,

the Court was pleased to released him on temporary bail for a

period of 7 days however, there being another o1ence

registered against him, he did not avail his release pursuant to

the said order.


5. Having considered the ground mentioned in the Application

and considering the facts and circumstance of the case, this court

is inclined to exercise discretion in favour of the applicant.


6. The application is partly allowed. The Applicant is ordered to

be released on Parole for a period of 10 days from the date of

actual release, upon furnishing a personal bond of Rs. 25,000/-

(Rupees Twenty Five Thousand only) with two sureties of

Rs.25,000/- each to the satisfaction of the jail authority, and on

further condition that the Applicant shall mark his presence

before the concerned police station every day and surrender to

the Jail authorities on expiry of the Parole period. The applicant

shall not enter the area of Kadi Police Station, District Mehsana

except for marking presence before the said Police Station. It is

clari ed that no extension shall be granted on expiry of the

Parole period and this Court shall also not entertain any

                               Page 2 of 3
      R/SCR.A/1417/2026                                                    ORDER DATED: 10/02/2026




application for reduction of amount of personal bond and surety.


7. The application is allowed in the aforesaid terms. Rule is made

absolute.


                                                       (UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 10/02/2026 18:23:23




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