MEHULKUMAR RAMESHBHAI MAKVANAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The court partially allowed the application, granting parole for 21 days on bond and specified conditions.
Summary
The petitioner, MehulKumar Rameshbhai Makvana, filed a special criminal application seeking an extension of his parole leave on the grounds that he has filed an appeal and is suffering from a poor medical condition. Both parties were represented, with the petitioner’s counsel arguing for relief and the State’s counsel appearing without contesting service of the rule. The court examined the applicant’s grounds and the surrounding circumstances, exercising its discretion in his favor. It partially allowed the application, granting parole for 21 days subject to a personal bond of Rs.15,000 with an equal surety, submission of medical treatment documents, reporting to the police every alternate day, and surrender at the end of the period. The rule was made absolute, and the order was signed by Justice Utkarsh Thakorbhai Desai.
Issues considered
- Whether the applicant is entitled to an extension of parole leave on the basis of filing an appeal and his medical condition
- Whether the court may grant parole on personal bond and impose reporting conditions
Subjects
Judgment
R/SCR.A/374/2026 ORDER DATED: 08/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 374 of 2026
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MEHULKUMAR RAMESHBHAI MAKVANA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. JAYPALSINH B VAGHELA(16390) 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 : 08/01/2026
ORAL ORDER
1. The present application is filed by the Applicant for
enlarging his on Parole leave on the ground of filing an appeal
and for his poor medical condition.
2. Heard learned Advocate Mr. J. B. Vaghela 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.
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R/SCR.A/374/2026 ORDER DATED: 08/01/2026
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 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
a condition that the applicant shall submit the medical case
papers of his treatment which he would undergone during the
period of his Parole Leave 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.
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 08/01/2026 17:55:26
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