DHIREN ASHVINBHAI ADHIKARIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The court exercised its discretion to grant parole for 21 days with a personal bond and surety, subject to strict conditions.
Summary
The petitioner, Dhiren Ashvinbhai Adhikari, filed a Special Criminal Application seeking parole leave on the ground that he had filed an appeal against his conviction. The High Court of Gujarat, after hearing counsel for both parties, considered the applicant's request and the circumstances of the case. The court exercised its discretion in favour of the applicant and granted parole for a period of 21 days. The order required the applicant to furnish a personal bond of Rs.15,000 and a surety of the same amount, and to report to the police station on alternate days. The court also stipulated that no extension of the parole period would be permitted and that the amount of bond could not be reduced. The rule was made absolute, thereby partially allowing the application.
Issues considered
- Whether the High Court may grant parole leave to a convicted person on the ground of filing an appeal
- Whether the court should impose a personal bond and surety as conditions for parole
Subjects
Judgment
R/SCR.A/3001/2026 ORDER DATED: 02/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3001 of
2026
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DHIREN ASHVINBHAI ADHIKARI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS AKANKSHA A DWIVEDI(12913) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 02/03/2026
ORAL ORDER
1. The present application is filed by the Applicant for enlarging
him on Parole leave on the ground of filing an appeal.
2. Heard learned Advocate Ms. Akanksha Dwivedi for the
Applicant and learned APP Mr. Tirthraj Pandya 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 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.
5. The application is partly allowed. The Applicant is ordered to
be released on Parole for a period of 21 days from the date of
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R/SCR.A/3001/2026 ORDER DATED: 02/03/2026
actual release, upon furnishing a personal bond of Rs. 15,000/-
(Rupees Fifteen Thousand only) with a surety of the like amount to
the satisfaction of the jail authority, and on 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. It is clarified 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.
6. 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 02/03/2026 18:13:07
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