High Court of Gujarat

JUSAB @ KAROCHOR ABBASBHAI KAKALversusSTATE OF GUJARAT

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

Holding

The Court allowed the parole application in part, granting a 10‑day parole leave with conditions.

Summary

The petitioner, Jusab @ Karochor Abbasbhai Kakal, convicted under Section 302 of the Indian Penal Code, applied for a 30‑day parole leave while an appeal against his conviction is pending. The State, represented by the Additional Public Prosecutor, waived service. The Court examined the petition, noting the conviction for murder and the petitioner’s prior release in June‑July 2025. Exercising its discretion, the Court granted parole in part, allowing a 10‑day leave on condition of a personal bond of Rs 10,000 and mandatory reporting to the nearest police station every alternate day, with surrender at the end of the period. The order was directed to be communicated to the jail authority.

Issues considered

Whether the petitioner is entitled to parole leave pending appeal against conviction under Section 302 IPC

Legislation cited

Indian Penal Code, 1860s. 302

Subjects

parolecriminal procedureappeal pendingconvictionSection 302 IPCdiscretionary relief

Judgment

     R/SCR.A/4232/2026                          ORDER DATED: 02/04/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO.
                    4232 of 2026

================================================
         JUSAB @ KAROCHOR ABBASBHAI KAKAL
                          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 for 30 days on the ground of filing an appeal against
conviction.


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 for the offence punishable under Section
302 etc. of the Indian Penal Code, 1860 (IPC) and was lastly

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        R/SCR.A/4232/2026                                                            ORDER DATED: 02/04/2026




released in the months of June-July 2025 and reported back in
time. Considering the ground mentioned, this Court is inclined to
exercise discretion.


4.         The petition, therefore, succeeds and is allowed in part. 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 with
a further condition that the petitioner shall mark presence before
the nearest police station every alternate day and that the
petitioner 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/18tss2426




     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 14:16:55



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