Created byFuzzy Cloud

High Court of Gujarat

HARISHBHAI MANGABHAI CHAUHAN (KHAVDU) THRO PRABHABEN VINAYBHAI JADAVversusSTATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The court exercised its discretion to grant parole for a period of 21 days subject to a personal bond and sureties.

Summary

The convicted prisoner, Harishbhai Mangabhai Chauhan (Khavdu), filed a special criminal application seeking parole leave while appealing his conviction and to arrange funds for his legal battle. The applicant, represented by Ms. Manjula R. Chauhan, waived service of the rule on the State. The court examined the grounds raised and the surrounding circumstances, and exercised its discretion in favor of the applicant. It ordered his release on parole for 21 days, subject to a personal bond of Rs. 25,000 with two sureties of equal amount, daily police reporting, and a restriction on movement outside the Bhanvad Police Station jurisdiction. No extension of parole or reduction of bond was permitted, and the application was allowed in these terms.

Issues considered

  • Whether the court should exercise its discretion to grant parole leave to a convicted prisoner pending appeal and on the basis of the applicant’s need for funds.

Subjects

parolespecial criminal applicationpersonal bondsuretyjudicial discretionprison lawGujarat High Court

Judgment

      R/SCR.A/2004/2026                           ORDER DATED: 12/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2004 of
                               2026

==========================================================
     HARISHBHAI MANGABHAI CHAUHAN (KHAVDU) THRO PRABHABEN
                        VINAYBHAI JADAV
                             Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR VINAY VISHEN, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

 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 arranging funds for

the same.



2.      Rule returnable forthwith.            Learned APP waives

service of rule on behalf of the respondent State.




                              Page 1 of 3
     R/SCR.A/2004/2026                     ORDER DATED: 12/02/2026




3.     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.



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 like

amount to the satisfaction of the jail authority. The

applicant shall mark his presence before the concerned

police station every day and shall not enter the local

limits of Bhanvad Police Station except for the purpose of

marking his presence 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.



5.     The application is allowed in the aforesaid terms.



                           Page 2 of 3
                 R/SCR.A/2004/2026                                                   ORDER DATED: 12/02/2026




         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 17:27:19


                                                          Page 3 of 3


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "parole"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.