High Court of Gujarat

BABURAM VIDESHIBHAIversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: P M RAVAL

Holding

The petition for parole leave was dismissed as the Court was not inclined to exercise its discretion in favour of the petitioner.

Summary

The petitioner, Baburam Videshbhai, convicted of murder under IPC sections 302 and 294(b) and of an offence under Section 135(1) of the Gujarat Police Act, applied for a 21‑day parole leave to withdraw money from his General Provident Fund. He has been absconding for 4,109 days between January 2013 and April 2024, and earlier forfeited ten furloughs after a 14‑day furlough granted in December 2012. As of March 2026 he has served only five years, three months and sixteen days of a life sentence imposed in 2011. The Court considered his long period of abscondence and the limited time served and exercised its discretion not to grant parole. Consequently, the petition for parole was rejected.

Issues considered

Whether a life‑imprisoned convict who has been absconding for over ten years and has served only a fraction of his sentence is eligible for parole leave.

Legislation cited

Gujarat Police Acts. 135(1)
Indian Penal Code, 1860s. 294(b), s. 302
Prisons Act

Subjects

parolelife imprisonmentabscondingfurloughPrisons ActIndian Penal CodeGujarat Police ActGeneral Provident Fund

Judgment

      R/SCR.A/4665/2026                           ORDER DATED: 09/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 4665 of
                               2026

==========================================================
                            BABURAM VIDESHIBHAI
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS. MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                              Date : 09/04/2026

                               ORAL ORDER


1.      This petition, through jail, is filed by the petitioner seeking
parole leave for 21 days on the ground of to debit the money form
the G.P.F..


2.      It transpires that the petitioner is convicted for the offence
punishable under Sections 302, 294(B) of the IPC and Section
135(1) of the G.P. Act, IPC on 20.08.20211 in Sessions Case No.61
of 2010, and petitioner has remained absconded from 13.01.2013 to
13.04.2024 i.e. 4109 days while competent authority has granted
furlough leave for 14 days from 30.12.2012 of 12.01.2013, for which
10 furlough of the petitioner have been forfeited by the competent
authority under the provisions of the Prisons Act and Jail Manual. It
further transpires that as against life imprisonment handed down
upon the convict in the year 2011 has undergone only 5 years 3
months and 16 days as on 24.03.2026. Considering the said aspect,

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       R/SCR.A/4665/2026                                                              ORDER DATED: 09/04/2026




this Court is not inclined to exercise discretion. The petition is
rejected, accordingly.


3.         Registry to communicate this order to the concerned jail
authority.



                                                                                                (P. M. RAVAL, J)
NITIN MAKWANA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NITIN INDRAVADAN MAKWANA(HCW0110), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 09/04/2026 17:36:55




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