RAJUBHAI KAVABHAI KO PATELversusSTATE OF GUJARAT
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- P M RAVAL
Holding
The Court exercised its discretion and granted parole from 25‑27 April 2026 subject to a personal bond and surrender conditions.
Summary
The petitioner, Rajubhai Kavabhai Ko Patel, filed a special criminal application seeking parole leave for seven days to attend his son's marriage scheduled for 25 April 2026. He had been convicted on 22 April 2026 but did not first apply to the competent authority for parole. The Public Prosecutor waived service on behalf of the State, and both parties were heard. The Court, noting the peculiar facts and the imminent marriage, exercised its discretion and granted parole from 25 to 27 April 2026, subject to a personal bond of Rs.10,000 and a surrender on 28 April 2026. The order was made absolute, with a clarification that it should not be treated as precedent.
Issues considered
- Whether parole can be granted without a prior application to the competent authority after conviction
- Whether the Court may exercise its discretion to grant parole on humanitarian grounds such as a family marriage
Subjects
Judgment
R/SCR.A/6000/2026 ORDER DATED: 24/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 6000 of
2026
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RAJUBHAI KAVABHAI KO PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR NAYAN D PAREKH(5010) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 24/04/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole leave for
a period of 7 days on the ground of marriage of his son which is held
on 25.04.2026.
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, though the petitioner has been convicted on 22.04.2026 has
preferred for parole leave without approaching the competent
authority.
5. Be that as it may, in view of the peculiar facts and
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R/SCR.A/6000/2026 ORDER DATED: 24/04/2026
circumstances of the case, without referring back the petitioner to
prefer an application before the competent authority for grant of
parole, the interest of justice would be served, if the petitioner be
granted parole from 25.04.2026 to 27.04.2026, hence, 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 from 25.04.2026 to
27.04.2026 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 28.04.2026. Rule is
made absolute accordingly.
6. It is made clear that this order may not be treated as precedent,
the same is passed considering peculiar facts and circumstance of the
case.
7. Direct service is permitted.
(P. M. RAVAL, J)
NITIN MAKWANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NITIN INDRAVADAN MAKWANA(HCW0110), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 24/04/2026 19:04:06
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