High Court of Gujarat

AJAYBHAI VASANTBHAI GAMITversusSTATE OF GUJARAT

Disposal: 44-PARTLY ALLOWED @ FH
Bench: P M RAVAL

Holding

The Court allowed the parole application, granting ten days of parole on the condition of a personal bond.

Summary

Ajaybhai Vasantbhai Gamit, convicted for defaulting on maintenance under Section 125 of the Criminal Procedure Code, 1973, applied for parole leave to arrange funds for the outstanding maintenance. The Additional Public Prosecutor waived service on behalf of the State, and the jail authorities reported satisfactory conduct. The Court considered the petitioner's request and the discretion afforded under the law. Finding the ground legitimate and the conduct satisfactory, the Court granted parole for ten days upon the petitioner furnishing a personal bond of Rs.10,000. The order directed the petitioner to surrender to the jail authority at the end of the parole period.

Issues considered

Whether a convict sentenced for default of maintenance under Section 125 CrPC may be granted parole leave on the ground of arranging funds for payment.

Legislation cited

Code of Criminal Procedure, 1973s. 125

Subjects

parolemaintenanceSection 125 CrPCcriminal applicationdiscretionary reliefjail conduct

Judgment

     R/SCR.A/4231/2026                          ORDER DATED: 02/04/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO.
                    4231 of 2026

================================================
            AJAYBHAI VASANTBHAI GAMIT
                          Versus
              STATE OF GUJARAT & ORS.
================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                          Date : 02/04/2026

                           ORAL ORDER


1.     This petition is filed by the petitioner, through jail, seeking
parole leave on the ground of arranging funds for paying
outstanding maintenance.


2.     Rule. Learned Additional Public Prosecutor waives service
on behalf of the respondent – State.


3.     Having heard the learned Additional Public Prosecutor for
the State and perusing the jail remarks, it appears that the
petitioner is sentenced in default of payment of maintenance
under Section 125 of the Criminal Procedure Code, 1973 (the

                               Page 1 of 2
         R/SCR.A/4231/2026                                                            ORDER DATED: 02/04/2026




  Code). Considering the ground mentioned and the fact that his jail
  conduct is satisfactory, this Court is inclined to exercise discretion.


  4.        The petition, therefore, succeeds and is allowed. The
  petitioner is ordered to be released on parole for a period of 10
  days from the date of his actual release on his furnishing a
  personal bond of Rs.10,000/- (Rupees Ten Thousand) to the
  satisfaction of the concerned jail authority, on usual terms and
  conditions, with a direction that he shall surrender to the jail
  authority on expiry of the parole leave period forthwith.


  4.1       Registry to communicate this order to the concerned jail
  authority, forthwith.


                                                                                             [ P. M. Raval, J. ]
  hiren/17tss2426




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/04/2026 14:15:39




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