PUNAMBHAI CHAMPABHAI BARAIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant the petitioner parole for one week upon furnishing a personal bond of Rs.10,000.
Summary
Petitioner Punambhai Champabhai Baraiya filed special criminal applications seeking parole leave to settle a dispute with his wife. The State, represented by the Additional Public Prosecutor, waived service. The court heard arguments from counsel and examined the petitioner's grounds and jail remarks. Exercising its discretion, the court found merit in the petition and granted parole. The petitioner was ordered to be released for one week upon furnishing a personal bond of Rs.10,000, subject to usual conditions and to surrender after the leave period.
Issues considered
- Whether the petitioner is entitled to parole leave on the ground of settling a dispute with his wife
- Whether the court may exercise its discretion to grant parole under the applicable provisions
Subjects
Judgment
R/SCR.A/8268/2026 ORDER DATED: 18/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 8268 of
2026
With
R/SPECIAL CRIMINAL APPLICATION NO. 8277 of 2026
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PUNAMBHAI CHAMPABHAI BARAIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS. AARTI R. MISTRY(18822) 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. These petitions are filed by the petitioner seeking parole
leave on the ground to settle the dispute with wife.
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 petitions, therefore, succeed and are partly allowed.
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R/SCR.A/8268/2026 ORDER DATED: 18/06/2026
The petitioner is ordered to be released on parole for a
period of total one week, qua both the applications, from the
date of his/her actual release on his furnishing a personal
bond of Rs.10,000/- (Rupees Ten Thousand), qua both the
applications, 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 in both the applications.
Direct service is permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/32-33
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 15:52:06
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