High Court of Gujarat

KALABHAI MADHABHAI ZALA THROUGH BADARBHAI JUWANSINH ZALAversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: SANJEEV THAKER

Holding

The court exercised its discretion to grant parole for five days based on the petitioner's satisfactory conduct and the compassionate circumstance of his daughter's marriage.

Summary

The petitioner, Kalabhai Madhabhai Zala, applied for parole leave of 30 days to attend his daughter's marriage. The State, represented by the Additional Public Prosecutor, waived service of notice. The court examined the petitioner's conduct in jail, which was found satisfactory, and considered the compassionate ground of the marriage. Exercising its discretion, the court granted parole but limited it to five days, subject to a personal bond of Rs.10,000 and standard conditions. The petitioner must surrender to the jail authority at the end of the parole period.

Issues considered

Whether parole leave can be granted on the ground of a daughter's marriage and satisfactory jail conduct

Subjects

parolecriminal procedurecompassionate groundsjail conductremission

Judgment

      R/SCR.A/5625/2026                          ORDER DATED: 30/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 5625 of
                               2026

==========================================================
KALABHAI MADHABHAI ZALA THROUGH BADARBHAI JUWANSINH ZALA
                          Versus
                STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
==========================================================

     CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                             Date : 30/04/2026

                              ORAL ORDER


1.      This petition is filed by the petitioner seeking parole leave
for a period of 30 days on the ground of the daughter’s marriage of
the convict.


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


3.      Heard, the learned advocates for the parties.


4.      Having heard and considering the averments made in the
petition, more particularly, the ground mentioned therein as well
as the jail remarks which indicate that his conduct in jail is
satisfactory, this Court is inclined to exercise discretion in favour
of the present petitioner.



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            R/SCR.A/5625/2026                                                                 ORDER DATED: 30/04/2026




    5.         The petition, therefore, succeeds and is allowed in part. The
    petitioner is ordered to be released on parole for a period of five
    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 today is permitted


                                                                                           (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 30/04/2026 15:30:39




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