High Court of Gujarat

ZAHIR ISMAILBHAI SHAIKHversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: UTKARSH THAKORBHAI DESAI

Holding

The application for parole leave was rejected.

Summary

Zahir Ismailbhai Shaikh, convicted for 1300 days for non-payment of maintenance arrears of Rs.6,50,000, applied for parole leave to provide financial assistance to his family. The State, represented by Ms. Jirga Jhaveri, highlighted the conviction and the nature of the offence. The Court examined whether the applicant's financial need warranted the exercise of discretion to grant parole. Finding that the conviction for willful non‑payment of maintenance did not inspire confidence, the Court declined to exercise its discretion in his favour. Consequently, the application for parole leave was rejected.

Issues considered

Whether a prisoner convicted for non‑payment of maintenance arrears is entitled to parole leave on the ground of financial assistance to family
Whether the court should exercise its discretion to grant parole in such circumstances

Subjects

parolemaintenance arrearscriminal procedurejudicial discretionfamily assistance

Judgment

        R/SCR.A/3084/2026                                                                     ORDER DATED: 05/03/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 3084 of
                              2026

==========================================================
                                         ZAHIR ISMAILBHAI SHAIKH
                                                  Versus
                                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
         DESAI

                                                    Date : 05/03/2026

                                                       ORAL ORDER
            The Applicant has filed this Application for grant of Parole
Leave on the ground of providing financial assistance to the family.
            Heard learned APP Ms. Jirga Jhaveri, on behalf of the
respondent – State, who has drawn the attention of the Court
towards the jail remarks from wherein it is reflected that, the
applicant came to be convicted 1300 days for non-payment of
arrears of maintenance amount to the tune of Rs.6,50,000/-. The
said reason does not inspire confidence of the Court hence, this
Court is not inclined to exercise discretion in favour of the
applicant.
            The Application is rejected.



                                                                     (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 05/03/2026 17:49:28




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