BHANUMATIBEN JAGDISHCHANDRA PARMARversusSTATE OF GUJARAT
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- P M RAVAL
Holding
The Court exercised its discretion and granted parole for 15 days on condition of a personal bond.
Summary
Bhanumatiben Jagdishchandra Parmar, a 62‑year‑old widowed woman convicted under Section 138 of the Negotiable Instruments Act, filed a petition seeking parole for 30 days on medical grounds and to file an appeal. The Additional Public Prosecutor waived service on behalf of the State. The Court examined the petition, medical documents, and the petitioner’s age and health, and exercised its discretion in her favour. It granted parole for 15 days, subject to a personal bond of Rs.10,000 and the condition that she surrender after the leave expires. The order was made absolute and direct service was permitted.
Issues considered
- Whether the petitioner is entitled to parole leave on medical grounds and for filing an appeal despite a recent conviction under Section 138 of the NI Act
- Whether the Court may exercise its discretion to grant parole in the circumstances of the petitioner’s age and health
Legislation cited
Subjects
Judgment
R/SCR.A/6824/2026 ORDER DATED: 07/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO.
6824 of 2026
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BHANUMATIBEN JAGDISHCHANDRA PARMAR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS NANDITA SUROLLIA for GOVINDBHAI M PARMAR(9675)
for the Applicant(s) No. 1
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 07/05/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole leave
for a period of 30 days on the ground of her own medical
treatment as well as for filing appeal.
2. Rule. Learned Additional Public Prosecutor waives service
on behalf of the respondent – State.
3. Heard, the learned advocates for the parties.
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R/SCR.A/6824/2026 ORDER DATED: 07/05/2026
4. Having heard and considering the averments made in the
petition, more particularly, the ground mentioned therein and the
medical papers on record, as well as the fact that the applicant is a
widowed lady aged 62 years and is in jail for the offence under
Section 138 of the NI Act, though the applicant is arrested recently,
however, in the peculiar facts and circumstances of the case, 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 for a period of 15
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 is permitted.
[ P. M. Raval, J. ]
hiren/SB/1/8tss7526
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 14:02:54
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