PARESHBHAI SHANKARBHAI TAVIYADversusSTATE OF GUJARAT
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- P M RAVAL
Holding
The court exercised its discretion to grant parole for 10 days on condition of a personal bond and surrender at the end of the period.
Summary
The petitioner, Pareshbhaï Shankarbhaï Taviyad, applied for parole leave of 30 days to attend a marriage function, arguing that his code of conduct would prevent release on ordinary furlough. The State, represented by the Additional Public Prosecutor, waived service. The court examined the petitioner's request, the jail remarks, and the specific ground of attending the marriage. Exercising its discretion, the court granted parole but reduced the period to 10 days, subject to a personal bond of Rs.10,000 and the condition of surrendering at the end of the leave. The order was made absolute and direct service was permitted.
Issues considered
- Whether the petitioner is entitled to parole leave despite the code of conduct objection.
- Whether the court should exercise its discretion to modify the period of parole.
Subjects
Judgment
R/SCR.A/4837/2026 ORDER DATED: 09/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 4837 of
2026
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PARESHBHAI SHANKARBHAI TAVIYAD
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
MONALI BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 09/04/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole leave
for a period of 30 days .
2. Rule. Learned Additional Public Prosecutor waives service
on behalf of the respondent – State.
3. Heard, the learned advocates for the parties.
4. It transpires that the furlough leave of the Applicant has
been granted, however, learned Advocate for the Applicant would
submit that because of code of conduct, the convict could not be
released and the very purpose of attending the marriage function
would not served. Hence, preferred present application.
4.1 Having heard and considering the averments made in the
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R/SCR.A/4837/2026 ORDER DATED: 09/04/2026
petition, more particularly, the ground mentioned therein as well
as the jail remarks , this Court is inclined to exercise discretion in
favour of the present petitioner.
5. 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
conditions, with a direction that the petitioner shall surrender to
the jail authority on expiry of the parole leave period forthwith.
Rule is made absolute accordingly.
5.1 Direct service is permitted.
(P. M. RAVAL, J)
MMP
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 09/04/2026
16:46:05
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