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High Court of Gujarat

ANILKUMAR MORARILAL DUBE THROUGH RAHUL ANILKUMAR DUBEversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted the applicant parole for 21 days with a Rs. 25,000 personal bond, two sureties, and specific reporting conditions, while refusing any extension or reduction of the bond.

Summary

The petitioner, Anilkumar Morarilal Dube, applied for an enlargement of his parole leave to obtain medical treatment. The application was filed through counsel Ms. Alpa J. Dave, while the State was represented by Mr. Vinay Vishen, Additional Public Prosecutor. The High Court, after considering the applicant’s grounds and the circumstances, exercised its discretion and granted parole for a period of 21 days, subject to a personal bond of Rs. 25,000 with two sureties of equal amount. The court imposed conditions that the applicant must report to the concerned police station every alternate day, surrender at the end of the parole period, and submit medical documents upon surrender. The order expressly barred any extension of the parole or reduction of the bond amount, and the application was allowed in the terms specified.

Issues considered

  • Whether the applicant is entitled to parole leave for the purpose of medical treatment
  • What conditions, including bond and surety requirements, may be imposed on parole in such circumstances
  • Whether the court may entertain a request for extension or reduction of the bond amount

Subjects

parolemedical treatmentcriminal procedurepersonal bondcourt discretionHigh Court of Gujarat

Judgment

      R/SCR.A/2016/2026                             ORDER DATED: 12/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2016 of
                               2026

==========================================================
 ANILKUMAR MORARILAL DUBE THROUGH RAHUL ANILKUMAR DUBE
                          Versus
                STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS ALPA J DAVE(3924) 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 for the purpose of his

own treatment.



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

the case, this court is inclined to exercise discretion in


                                 Page 1 of 2
           R/SCR.A/2016/2026                                                   ORDER DATED: 12/02/2026




   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, and on a

   further condition that the applicant shall mark his

   presence before the concerned police station every

   alternate day. He shall surrender to the jail authorities

   on expiry of the parole period, and on surrender he shall

   submit the medical case papers of the treatment which he

   undergoes during the period of his parole leave.                                                      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 17:29:57
                                                    Page 2 of 2


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