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High Court of Gujarat

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

parolecriminal procedurebail bondcourt discretionHigh Court of Gujaratlegal representation

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

==========================================================
               SAMIRUDESHI @ BOND S/O RIYAZUDIN SHEKH
                               Versus
                      STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS AKANKSHA A DWIVEDI(12913) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

 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


                               Page 1 of 2
         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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