GAYAPRASAD @ JAGANNATH PAHELVANSING NISHADversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The court exercised its discretion to grant parole for 21 days subject to a personal bond and surety, rejecting any extension or reduction of the bond.
Summary
The petitioner, Gayaprasad @ Jagannath Pahelvansing Nishad, applied for an extension of parole leave, citing the need to provide financial assistance to his family. The applicant waived service of the rule on the State's behalf. The court examined the applicant's ground 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. 15,000 with an equal surety, and required him to report to the police station every alternate day and surrender at the end of the period. No extension of the parole period was permitted, nor any reduction of the bond amount. The application was allowed in these terms.
Issues considered
- Whether the applicant is entitled to be released on parole on the ground of providing financial assistance to his family
Subjects
Judgment
R/SCR.A/2053/2026 ORDER DATED: 12/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2053 of
2026
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GAYAPRASAD @ JAGANNATH PAHELVANSING NISHAD
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ANIL H RATHOD(9691) 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 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
the case, this court is inclined to exercise discretion in
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R/SCR.A/2053/2026 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. 15,000/- (Rupees
Fifteen Thousand only) with a surety 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 12/02/2026 17:32:09
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