MAHESHBHAI MAGANBHAI PADALIYAversusSTATE 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 on the condition of a Rs.10,000 personal bond.
Summary
Maheshbhai Maganbhai Padaliya filed a Special Criminal Application seeking parole leave to pursue an appeal/revision and to obtain financial assistance. The State, represented by the Additional Public Prosecutor, waived service. The Court, after hearing the parties and reviewing the petition and jail remarks, exercised its discretion in favor of the petitioner. It granted parole for a period of one week, subject to a personal bond of Rs.10,000 and standard conditions, with a direction to surrender after the leave expires. The order was made absolute and direct service was permitted.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole leave for the purpose of filing an appeal or obtaining finance?
Subjects
Judgment
R/SCR.A/8371/2026 ORDER DATED: 19/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 8371 of
2026
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MAHESHBHAI MAGANBHAI PADALIYA
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 : 19/06/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground to file an appeal / revision as well as
for finance.
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.
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R/SCR.A/8371/2026 ORDER DATED: 19/06/2026
5. The petition, therefore, succeeds and is partly allowed.
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. Rule is made absolute
accordingly.
Direct service is permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/14
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 15:35:47
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