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High Court of Gujarat

JAYANTIBHAI ARJANBHAI @AJABHAI CHUNARA(VAGHARI) THRO MAHESH ARJANBHAI @AJABHAI CHUNARA (VAGHARI)versusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted parole leave to the applicant on the stated terms.

Summary

The petitioner, Jayantibhai Arjanbhai, applied for an extension of parole leave on the ground of his daughter's death. The State opposed the application but waived service of the rule. The court examined the jail remarks and the applicant's grounds, and exercised its discretion in favor of the petitioner. It ordered that the petitioner be released on parole from 9:00 a.m. to 6:00 p.m. on 8 January 2026, with police custody and travel time excluded, the cost to be borne by the Government. The number of police personnel accompanying him will be decided by the Jail Superintendent, and the applicant must return to jail after the parole period. The rule was made absolute and direct service permitted.

Issues considered

  • Whether parole leave can be granted on the ground of the death of the applicant's daughter
  • Whether the court may exercise its discretion to extend parole in such circumstances

Subjects

parolespecial criminal applicationdeath of relativediscretionpolice custodyrelease

Judgment

     R/SCR.A/265/2026                           ORDER DATED: 07/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 265 of 2026

==========================================================
     JAYANTIBHAI ARJANBHAI @AJABHAI CHUNARA(VAGHARI) THRO
         MAHESH ARJANBHAI @AJABHAI CHUNARA (VAGHARI)
                             Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
DIPSIKHA P MISHRA(10116) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                           Date : 07/01/2026

                            ORAL ORDER


1.     The present application is filed by the applicant for

       enlarging him on Parole Leave on the ground of death of

       his daughter.

2.     Heard learned Advocate for the Applicant and learned APP

       appearing on behalf of the Respondent – State.

3.     Rule returnable forthwith. Learned APP waives service of

       Rule on behalf of the respondent-State.

4.     Having considering the jail remarks and ground mentioned

       in the Application, this Court is inclined to exercise

       discretion in favour of the applicant.

5.     This application is partly allowed. The applicant is ordered

       to be released on parole on 08.01.2026 from morning 9.00

                               Page 1 of 2
         R/SCR.A/265/2026                                                    ORDER DATED: 07/01/2026




            am to evening 6.00 pm with police custody excluding the

            travelling time, the cost of which shall be borne by the

            Government.              The number of police personnel who will

            accompany the applicant in civil clothes shall be decided by

            the Jail Superintendent. The custody of the applicant shall

            be submitted to the jail authorities on expiry of the parole

            period.

  6.        The application is allowed in the aforesaid terms. Rule is

            made absolute. Direct service is permitted today.



                                                         (UTKARSH THAKORBHAI DESAI, J)
  ANIRUDH OJHA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 07/01/2026 18:26:53




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