SAMIRUDDIN @ BOND S/O RIYAZUDDIN SHEKHversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The court allowed the application, granting parole for 21 days on condition of a Rs. 25,000 bond with two sureties.
Summary
The petitioner, Samirudeshi @ Bond, filed a special criminal application seeking an extension of parole leave to enable him to engage counsel and arrange funds for legal fees. The applicant argued that without additional parole he would be unable to pursue his appeal effectively. The court examined the applicant's request, the circumstances of his detention, and the statutory discretion vested in the court to grant parole. Considering the merits of the request and the need to facilitate the appellant's right to legal representation, the court exercised its discretion in favor of the applicant. It ordered the release of the applicant on parole for a period of 21 days, subject to a personal bond of Rs. 25,000 with two sureties and daily reporting to the police station. No further extensions or reductions in bond amount were permitted, and the application was allowed.
Issues considered
- Whether the court should grant an extension of parole leave to the applicant for the purpose of engaging counsel and arranging legal fee funds
Subjects
Judgment
R/SCR.A/517/2026 ORDER DATED: 28/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 517 of 2026
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SAMIRUDESHI @ BOND S/O RIYAZUDIN SHEKH
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS AKANKSHA A DWIVEDI(12913) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 28/01/2026
ORAL ORDER
1. Draft amendment is granted.
2. The present application is led by the applicant for
enlarging him on parole leave on the ground of engaging
an advocate for ling an appeal and for arranging funds
for legal fees.
3. Rule returnable forthwith. Learned APP waives
service of rule on behalf of the respondent State.
4. Having considered the ground mentioned in the
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R/SCR.A/517/2026 ORDER DATED: 28/01/2026
application and considering the facts and circumstance of
the case, this court is inclined to exercise discretion in
favour of the applicant.
5. The applicant is ordered to be released on parole for
a period of 21 days from the date of his actual release,
upon furnishing a personal bond of Rs. 25,000/- (Rupees
Twenty Five Thousand only) with two sureties, each of
the like amount, to the satisfaction of the jail authority,
and on a further condition that the applicant shall mark
his presence before the concerned police station every
day and shall surrender to the jail authorities on expiry of
the parole period. It is hereby clari ed that, no further
extension shall be granted on expiry of the parole period
and also the Court shall not entertain any application for
reduction of amount of bail bond and surety.
6. The application is allowed in the aforesaid terms.
Rule is made absolute.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/01/2026 17:27:07
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