ASLAM AHMED PATHANversusSTATE 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 seven days upon furnishing a personal bond of Rs.10,000.
Summary
The petitioner, Aslam Ahmed Pathan, filed a special criminal application seeking parole leave on the grounds of having filed an appeal and arranging funds. The Additional Public Prosecutor waived service on behalf of the State. After hearing the parties and considering the petitioner's averments and jail remarks, the court exercised its discretion in favor of the petitioner. The petition was partly allowed, granting parole for seven days subject to a personal bond of Rs.10,000. 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 grant parole on the basis of a personal bond and arrangement of funds
- Whether the discretion of the court can be exercised to partially allow the petition
Subjects
Judgment
R/SCR.A/9010/2026 ORDER DATED: 02/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9010 of
2026
================================================================
ASLAM AHMED PATHAN
Versus
STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
MR ANIRUDDHSINH V. KUSHWAHA for MR ANVIT SHAH for
Respondent(s) No.2
================================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 02/07/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of filing an appeal and arrangement of
funds.
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.
The petitioner is ordered to be released on parole for a
Page 1 of 2
R/SCR.A/9010/2026 ORDER DATED: 02/07/2026
period of seven days from the date of his 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.
5.1 Direct service is permitted.
(SANJEEV J.THAKER,J)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 16:23:17
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.