YOGESHBHAI GHANSHYAMBHAI SINOJIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that it may exercise its discretion to grant parole leave and therefore allowed the petition in part.
Summary
The petitioner, Yogeshbhai G. Sinojiya, filed a Special Criminal Application seeking parole leave to enable him to arrange financial assistance for depositing 20% of a fine imposed on him. The Additional Public Prosecutor waived service of notice on behalf of the State of Gujarat. The Court considered the petitioner's request, the grounds cited, and the jail remarks, and exercised its discretion in his favour. It ordered that the petitioner be released on parole for a period of seven days upon furnishing a personal bond of Rs 10,000 to the jail authority. The order also directed the petitioner to surrender to the jail authority at the expiry of the parole period. Consequently, the petition was partly allowed.
Issues considered
- Whether the petitioner is entitled to parole leave on the ground of financial assistance to deposit a portion of the fine
- Whether the court may exercise its discretion to grant parole in such circumstances
- Effect of the Additional Public Prosecutor’s waiver of service on the petition
Subjects
Judgment
R/SCR.A/8365/2026 ORDER DATED: 19/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 8365 of
2026
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YOGESHBHAI GHANSHYAMBHAI SINOJIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.AKSHITABA SOLANKI(6782) 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 : 19/06/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of financial assistance to deposit 20% of
the fine amount.
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/8365/2026 ORDER DATED: 19/06/2026
The petitioner is ordered to be released on parole for a
period of 07 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.
Direct service is permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/12
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 19/06/2026 15:36:53
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