JANSHERKHAN @ NASIR S/O. NIAYATULLAH PATHANversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The court granted parole leave for 21 days on condition of a personal bond and sureties, rejecting any extension or reduction of the bond.
Summary
The applicant, JanSherkhan @ Nasir, convicted under a criminal charge, filed a special criminal application seeking parole leave while appealing his conviction to provide financial assistance to his family. The court considered the applicant's grounds and the circumstances of the case and exercised its discretion in his favor. It ordered his release on parole for 21 days, subject to a personal bond of Rs. 25,000 and two sureties of equal amount, with daily reporting to the police station. The applicant must surrender to jail authorities at the end of the parole period, and no extension or reduction of the bond amount will be entertained. The application was allowed and the rule was made absolute.
Issues considered
- Whether the applicant is entitled to parole leave pending appeal against his conviction
Subjects
Judgment
R/SCR.A/2001/2026 ORDER DATED: 12/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2001 of
2026
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JANSHERKHAN @ NASIR S/O. NIAYATULLAH PATHAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MOHITSINH JADEJA, ADVOCATE FOR MR. MOHAMMADMAAZ S.
SHAIKH(19130) for the Applicant(s) No. 1
MR VINAY VISHEN, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/02/2026
ORAL ORDER
1. The present application is led by the applicant for
enlarging him on parole leave on the ground of ling an
appeal against his conviction and for 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
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R/SCR.A/2001/2026 ORDER DATED: 12/02/2026
application and considering the facts and circumstance of
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. 25,000/- (Rupees
Twenty Five Thousand only) with two sureties of the like
amount to the satisfaction of the jail authority. The
applicant shall mark his presence before the concerned
police station every day and shall 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. The
application is allowed in the aforesaid terms. Rule is
made absolute accordingly. Direct service is permitted.
(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 12/02/2026 17:26:16
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