HAKUBHAI RAHIMBHAI RATHODversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court held that the petitioner is entitled to parole leave for seven days upon furnishing a personal bond of Rs.10,000.
Summary
Hakubhai Rahimbhai Rathod, who is in jail, filed a special criminal application seeking parole leave on the ground that he has filed an appeal. The Additional Public Prosecutor waived service of notice on behalf of the State. The High Court, after considering the ground of the application and the jail remarks, exercised its discretion in favour of the petitioner. The Court partially allowed the petition, directing that the petitioner be released on parole for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, subject to usual terms and conditions and a requirement to surrender after the parole period. The order was made absolute and the registry was directed to communicate it to the jail.
Issues considered
- Whether the petitioner is eligible for parole leave pending the outcome of his appeal
- Whether the waiver of service of notice by the Additional Public Prosecutor affects the grant of parole
Subjects
Judgment
R/SCR.A/9164/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9164 of
2026
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HAKUBHAI RAHIMBHAI RATHOD
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 03/07/2026
ORAL ORDER
1. This petition, through jail, is filed by the petitioner
seeking parole leave on the ground of filing an appeal.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Considering the application, 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.
4. The petition, therefore, succeeds and is partly allowed.
The petitioner is ordered to be released on parole for a
period of seven days from the date of his actual release on
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
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R/SCR.A/9164/2026 ORDER DATED: 03/07/2026
petitioner shall surrender to the jail authority on expiry of
the parole leave period forthwith. Rule is made absolute
accordingly.
4.1 Registry to communicate this order to the concerned jail
authority, forthwith.
(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 03/07/2026 13:53:11
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