SHABBIR JUSABBHAI KHARIYAversusSTATE 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 subject to a bond and reporting conditions.
Summary
Shabbir Jusabbhai Khariya filed a Special Criminal Application seeking parole leave on the ground that he had filed an appeal against his conviction. The Additional Public Prosecutor waived service on behalf of the State. The High Court, after hearing the parties, exercised its discretion in favour of the petitioner. The Court partially allowed the petition, granting parole for seven days upon the petitioner furnishing a personal bond of Rs.10,000 and complying with reporting conditions to the nearest police station on the 3rd and 5th days. The petitioner must surrender to the jail authority at the end of the parole period.
Issues considered
- Whether the petitioner is entitled to parole leave pending the filing of an appeal
- Whether the court may exercise discretion to grant parole in such circumstances
Subjects
Judgment
R/SCR.A/8980/2026 ORDER DATED: 30/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 8980 of
2026
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SHABBIR JUSABBHAI KHARIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DIVYANG A JOSHI(13237) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 30/06/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of filing 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/8980/2026 ORDER DATED: 30/06/2026
The petitioner is ordered to be released on parole for a
period of seven 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 with a further condition
that the applicant shall mark presence before the nearest
police station every 3rd and 5th day from the date of release.
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 30/06/2026 16:13:58
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