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High Court of Gujarat

GANESHBHAI VALJIBHAI OLAKIYA THRO LAKHANBHAI GANESHBHAI OLAKIYAversusSTATE OF GUJARAT

Disposal
44-PARTLY ALLOWED @ FH

Holding

The court held that, given the petitioner's prior compliance and the filing of an appeal, parole leave of ten days may be granted.

Summary

The petitioner, Ganesbhai Valjibhai Olakiya, filed a Special Criminal Application seeking parole leave for 30 days on the ground that he had filed an appeal. The Additional Public Prosecutor waived service on behalf of the State. The court examined the petitioner's claim that he had previously been released in May 2025 and had returned to jail on time, indicating good conduct. Considering these averments, the court exercised its discretion in favor of the petitioner. Consequently, the petition was allowed in part, granting parole for ten days upon furnishing a personal bond of Rs.10,000 and directing surrender at the end of the period.

Issues considered

  • Whether parole leave may be granted on the ground of filing an appeal
  • Whether the court may exercise discretion to grant parole despite the original request for a longer period

Subjects

parolespecial criminal applicationdiscretionbondcriminal procedureappeal

Judgment

     R/SCR.A/6862/2026                          ORDER DATED: 08/05/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO.
                    6862 of 2026

================================================
 GANESHBHAI VALJIBHAI OLAKIYA THRO LAKHANBHAI
               GANESHBHAI OLAKIYA
                       Versus
              STATE OF GUJARAT & ORS.
================================================
Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                          Date : 08/05/2026

                           ORAL ORDER


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


                               Page 1 of 2
           R/SCR.A/6862/2026                                                            ORDER DATED: 08/05/2026




    as the jail remarks which indicate that the petitioner was lastly
    released in the month of May 2025 and reported back in time, 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 10
    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/9tss8526




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 08/05/2026 14:16:43



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