KANUBHAI BABUBHAI CHAVDA THROUGH CHAVDA BHANIBEN BABUBHAIversusSTATE OF GUJARAT
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- P M RAVAL
Holding
The court exercised its discretion and granted parole leave for ten days with conditions, despite the petitioner's default of maintenance and prior absconding.
Summary
The petitioner, represented through his mother, applied for parole leave of 30 days to attend to his brother's cancer treatment. The State, through the Additional Public Prosecutor, waived service of notice. The court noted that the petitioner is serving a sentence for default of maintenance under Section 125 of the Criminal Procedure Code and had previously absconded after a 2023 release. Considering the peculiar facts, the court exercised its discretion in favor of the petitioner. The petitions were allowed in part, granting parole for 10 days upon furnishing a personal bond of Rs.10,000 and subject to conditions of reporting to the police every alternate day and surrendering at the end of the leave period.
Issues considered
- Whether parole leave can be granted to a prisoner serving a sentence for default of maintenance under Section 125 CrPC and who has previously absconded
- Whether the court may exercise discretion to reduce the requested parole period in view of the circumstances
Legislation cited
Subjects
Judgment
R/SCR.A/6829/2026 ORDER DATED: 07/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO.
6829 of 2026
With
R/SPECIAL CRIMINAL APPLICATION NO. 6830 of 2026
With
R/SPECIAL CRIMINAL APPLICATION NO. 6836 of 2026
With
R/SPECIAL CRIMINAL APPLICATION NO. 6838 of 2026
With
R/SPECIAL CRIMINAL APPLICATION NO. 6840 of 2026
With
R/SPECIAL CRIMINAL APPLICATION NO. 6842 of 2026
With
R/SPECIAL CRIMINAL APPLICATION NO. 6848 of 2026
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KANUBHAI BABUBHAI CHAVDA THROUGH CHAVDA
BHANIBEN BABUBHAI
Versus
STATE OF GUJARAT & ORS.
================================================
Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
================================================
CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 07/05/2026
ORAL ORDER
1. Present petitions have been filed by the petitioner through
his mother who appears in person, seeking parole leave for a
Page 1 of 3
R/SCR.A/6829/2026 ORDER DATED: 07/05/2026
period of 30 days on the ground of medical treatment of his
brother who is suffering from cancer.
2. Rule. Learned Additional Public Prosecutor waives service
of notice of rule on behalf of the respondent – State.
3. Having heard and considering the averments made in the
petitions, more particularly, the ground mentioned therein, as well
as considering the jail remarks which indicate that the petitioner is
undergoing sentence in default of payment of maintenance under
Section 125 of the CrPC and though, earlier when he was released
in the year 2023 he absconded and could be lodged back only by
the police, however, in the peculiar facts and circumstances of the
case, this Court is inclined to exercise discretion in favour of the
present petitioner.
4. The petitions, therefore, succeed and are allowed in part.
The petitioner is ordered to be released on parole leave for a
period of 10 days from the date of his actual release on his
furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand)
in each matter to the satisfaction of the concerned jail authority on
usual terms and with a further condition that the petitioner shall
mark presence before the concerned police station every
alternate day and that the petitioner shall surrender to the jail
authority on expiry of the parole leave period forthwith. Rule is
made absolute to the aforesaid extent.
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R/SCR.A/6829/2026 ORDER DATED: 07/05/2026
4.1 Registry to communicate this order to the concerned jail
authority, forthwith.
[ P. M. Raval, J. ]
hiren/SB-1/9-15tss7526
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 14:01:52
Page 3 of 3
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