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High Court of Gujarat

CHAUDHARY VISABHAI LAXMANBHAIversusSTATE OF GUJARAT

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

Holding

The court exercised its discretion to grant parole for 21 days with a Rs. 25,000 personal bond and two sureties, imposing strict conditions and prohibiting any extension or reduction of the bond.

Summary

The petitioner, Chaudhary Visabhai Laxmanbhai, filed a special criminal application seeking parole leave while his appeal against conviction was pending, also requesting funds for the same. The court noted that the applicant waived service of the rule on behalf of the State and considered the merits of the parole request. After evaluating the facts and circumstances, the court exercised its discretion in favor of the applicant. It ordered his release on parole for a period of 21 days, subject to a personal bond of Rs. 25,000 and two sureties of equal amount, and required daily reporting to the police station. The order expressly barred any extension of the parole period or reduction of the bond amount, and the application was allowed on these terms.

Issues considered

  • Whether the applicant is entitled to parole leave pending the disposal of his appeal against conviction
  • Whether the court may impose a personal bond and surety conditions on parole
  • Whether the parole period may be extended or the bond amount reduced

Subjects

parolecriminal procedurediscretionpersonal bondsuretyhigh court

Judgment

      R/SCR.A/2006/2026                                  ORDER DATED: 12/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2006 of
                               2026

==========================================================
                          CHAUDHARY VISABHAI LAXMANBHAI
                                      Versus
                             STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) 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.



3.      Having considered the ground mentioned in the

application and considering the facts and circumstance of


                                     Page 1 of 2
         R/SCR.A/2006/2026                                                   ORDER DATED: 12/02/2026




 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. 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 Radhanpur Police Station, except for the purpose

 of marking his presence 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. 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 17:28:55

                                                  Page 2 of 2


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