MUKESH @ MAKODI PARSHOTTAMDAS PATELversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The court exercised its discretion and granted parole leave, subject to a personal bond, sureties, and reporting conditions.
Summary
The petitioner, Mukesh Patel, filed a Special Criminal Application seeking parole leave to provide financial assistance to his family. The application was filed without opposition, as the respondent State waived service of the rule. The court examined the applicant's ground for parole and the surrounding circumstances, exercising its discretion under criminal procedure law. It concluded that the applicant's need justified parole, subject to safeguards. Accordingly, the court ordered his release on parole for 21 days upon furnishing a personal bond of Rs. 15,000 with two sureties, and imposed conditions of reporting to the police every alternate day and surrendering at the end of the period. No extension or reduction of bond was permitted, and the application was allowed.
Issues considered
- Whether the applicant is entitled to parole leave on the ground of providing financial assistance to his family
Subjects
Judgment
R/SCR.A/1643/2026 ORDER DATED: 09/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 1643 of
2026
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MUKESH @ MAKODI PARSHOTTAMDAS PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. RAJU N DESAI(7029) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2,3
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 09/02/2026
ORAL ORDER
1. The present application is led by the applicant for
enlarging him on parole leave on the ground of providing
nancial assistance to his family.
2. Rule returnable forthwith. Learned APP waives
service of rule on behalf of the respondent State.
3. Having considered the ground mentioned in the
application and considering the facts and circumstance of
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R/SCR.A/1643/2026 ORDER DATED: 09/02/2026
the case, this court is inclined to exercise discretion in
favour of the applicant.
4. The applicant is ordered to be released on parole for
a period of 21 days from the date of his actual release,
upon furnishing a personal bond of Rs. 15,000/- (Rupees
Fifteen Thousand only) with two sureties of like amount
to the satisfaction of the jail authority, and on a further
condition that the applicant shall mark his presence
before the concerned police station every alternate day
and surrender to the jail authorities on expiry of the
parole period. It is clari ed that, no extension shall be
granted on expiry of the parole period and this court shall
also not entertain application for reduction of amount of
personal bond and surety.
5. The application is allowed in the aforesaid terms.
Rule is made absolute accordingly.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/02/2026 18:20:55
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