High Court of Gujarat

KALPESHBHAI PUNAMBHAI PATANIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The court exercised its discretion and granted parole for fourteen days on condition of a personal bond.

Summary

The petitioner filed a special criminal application seeking parole leave for 30 days to settle matrimonial issues. The Additional Public Prosecutor waived service of notice on behalf of the State. The court examined the ground and jail remarks and decided to exercise its discretion in favor of the petitioner. The petition was allowed in part, granting parole for fourteen days upon furnishing a personal bond of Rs.10,000 and imposing the usual terms and conditions. The petitioner must surrender to the jail authority at the end of the parole period, and the order was made absolute.

Issues considered

Whether parole leave can be granted on the ground of settling matrimonial issues
Whether the court may exercise its discretion to grant parole despite the waiver of notice

Subjects

parolecriminal applicationmatrimonial issuesdiscretionpersonal bondHigh Court

Judgment

      R/SCR.A/5279/2026                              ORDER DATED: 20/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 5279 of
                               2026

==========================================================
                          KALPESHBHAI PUNAMBHAI PATANI
                                      Versus
                             STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                 Date : 20/04/2026

                                  ORAL ORDER


1.      This petition, through jail, is filed by the petitioner seeking
parole leave for 30 days on the ground of settling the matrimonial
issues.


2.      Rule. Learned Additional Public Prosecutor waives service
of notice of rule on behalf of the respondent – State.


3.      Considering application, 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.


4.      The petition, therefore, succeeds and is allowed in part. The
petitioner is ordered to be released on parole for a period of
fourteen days from the date of his actual release on his furnishing
a personal bond of Rs.10,000/- (Rupees Ten Thousand) to the


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           R/SCR.A/5279/2026                                                                  ORDER DATED: 20/04/2026




    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.


    4.1        Registry to communicate this order to the concerned jail
    authority, forthwith.



                                                                                           (SANJEEV J.THAKER,J)
    SRILATHA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/04/2026 15:33:20




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