PALAK PRAFULBHAI KOTHARIversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole for one week on the condition of a personal bond.
Summary
The petitioner, Palak Prafulbhai Kothari, filed a special criminal application seeking parole leave for 21 days on the ground that he intends to file an appeal. The Additional Public Prosecutor waived service on behalf of the State of Gujarat. The court examined the petitioner's satisfactory conduct in jail and the specific ground raised in the application. Exercising its discretion, the court granted parole but limited it to one week, subject to a personal bond of Rs.10,000 and standard conditions, with a direction to surrender at the end of the period. The order was made absolute and direct service was permitted.
Issues considered
- Whether the petitioner is entitled to parole leave pending the filing of an appeal
Subjects
Judgment
R/SCR.A/6310/2026 ORDER DATED: 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 6310 of
2026
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PALAK PRAFULBHAI KOTHARI
Versus
STATE OF GUJARAT
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Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 04/05/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole leave
for a period of 21 days on the ground of filing appeal.
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.
5. The petition, therefore, succeeds and is allowed in part. The
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R/SCR.A/6310/2026 ORDER DATED: 04/05/2026
petitioner is ordered to be released on parole for a period of one
week 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 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 04/05/2026 16:31:45
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