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High Court of Gujarat

RAJU @ RAJESHBHAI ISHWARBHAI VAGHRIversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted parole for 21 days with a personal bond, sureties, and specific reporting conditions.

Summary

Raju @ Rajeshbhai Ishwarbhai Vaghri, a convicted prisoner, filed a special criminal application seeking parole to perform his father's death rituals. The applicant pleaded for a temporary release, offering a personal bond of Rs.25,000 with two sureties. The court examined the humanitarian ground and exercised its discretion in favor of the applicant. It granted parole for a period of 21 days, subject to the bond, sureties, and a condition to report to the concerned police station on alternate days. The order also prohibited the applicant from entering the Khambhat (Rural) police station area except for reporting, and barred any extension or reduction of the bond amount. The rule was made absolute, and the application was allowed in the specified terms.

Issues considered

  • Whether parole can be granted on the ground of performing death rituals of a family member
  • Whether the court may impose a personal bond and surety conditions for such parole
  • Whether restrictions on movement and reporting requirements are permissible

Subjects

paroledeath ritualspersonal bondsuretycriminal procedurejudicial discretionhigh court order

Judgment

      R/SCR.A/2110/2026                               ORDER DATED: 12/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 2110 of
                               2026

==========================================================
                   RAJU @ RAJESHBHAI ISHWARBHAI VAGHRI
                                  Versus
                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR VINAY VISHEN, APP 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 performing death
rituals of his father.


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 favour of the
applicant.


4.               The application is partly allowed. The Applicant is
ordered to be released on Parole for a period of 21 days from
the date of 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, and on



                                  Page 1 of 2
            R/SCR.A/2110/2026                                                                      ORDER DATED: 12/02/2026




    a further condition that the Applicant shall mark his presence
    before the concerned police station on every alternate day and
    surrender to the Jail authorities on expiry of the Parole period.
    The applicant shall not enter the area of Khambhat (Rural) Police
    Station, except for marking presence before the said Police
    Station. It is clari ed that no extension shall be granted on expiry
    of the Parole period and this Court shall also not entertain any
    application for reduction of amount of personal bond and surety.


    5.                      The application is allowed in the aforesaid terms. Rule
    is made absolute.




                                                                          (UTKARSH THAKORBHAI DESAI, J)
    KAJAL




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/02/2026 17:31:58




                                                                 Page 2 of 2


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