PATHAN SHOKATKHAN YAKUBKHANversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion and granted the petitioner parole for seven days on the condition of a personal bond.
Summary
The petitioner, Pathan Shokatkhan Yakubkhan, filed a Special Criminal Application seeking parole leave to perform the death rituals of his mother who died on 17 March 2026. The Additional Public Prosecutor waived service on behalf of the State, and both parties were heard. The Court examined the petitioner's request, the circumstances of his mother's death, and the jail remarks, and decided to exercise its discretion in his favour. It ordered the petitioner to be released on parole for a period of seven days, subject to furnishing a personal bond of Rs.10,000 to the jail authority and complying with usual terms and conditions. The petitioner must surrender to the jail authority at the expiry of the parole period.
Issues considered
- Whether parole leave can be granted on the ground of performing death rituals of a close relative
- Whether the discretion of the Court can be exercised to grant parole in such circumstances
Subjects
Judgment
R/SCR.A/8071/2026 ORDER DATED: 16/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 8071 of
2026
==========================================================
PATHAN SHOKATKHAN YAKUBKHAN
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 16/06/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of performing after death rituals of his
mother who has expired on 17.03.2026.
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, more particularly, the ground mentioned therein
as well as the jail remarks and the fact that the mother of
the petitioner has expired on 17.03.2026, this Court is
inclined to exercise discretion in favour of the present
petitioner.
Page 1 of 2
R/SCR.A/8071/2026 ORDER DATED: 16/06/2026
5. The petition, therefore, succeeds and is partly allowed.
The petitioner is ordered to be released on parole for a
period of 7 Days from the date of his/her 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)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 16/06/2026 16:05:57
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.