SUNILBHAI @LALABHAI MALABHAI KOTWALversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole leave to the petitioner for one week.
Summary
The petitioner, Sunilbhai Kotwal, filed a special criminal application seeking parole leave to enable filing an appeal against his conviction. The State, represented by the Additional Public Prosecutor, waived service of notice. The court considered the petitioner's request, the grounds cited, and the jail remarks, and exercised its discretion in favor of the petitioner. It ordered the petitioner to be released on parole for one week upon furnishing a personal bond of Rs.10,000, subject to standard conditions and a requirement to surrender after the parole period. The order also directed the petitioner to mark his presence at the nearest police station on specified days. Consequently, the petition was partly allowed.
Issues considered
- Whether the petitioner is entitled to parole leave for the purpose of filing an appeal
Subjects
Judgment
R/SCR.A/8219/2026 ORDER DATED: 18/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 8219 of
2026
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SUNILBHAI @LALABHAI MALABHAI KOTWAL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 18/06/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground to file an 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, this Court is inclined to exercise
discretion in favour of the present petitioner.
5. The petition, therefore, succeeds and is partly allowed.
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R/SCR.A/8219/2026 ORDER DATED: 18/06/2026
The petitioner is ordered to be released on parole for a
period of one week 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 and with a further condition
that the applicant shall mark presence before the nearest
rd th
police station on 3 and 5 day of his release. Rule is made
absolute accordingly.
Direct service is permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/24
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/06/2026 15:26:14
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