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High Court of Gujarat

JAINUL AABEDIN @ JANU ABDUL JABBAR ANSARI THRU ANSARI FARJANABANU JAINULABEDINversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court exercised its discretion to grant parole leave to the petitioner for seven days subject to bond and reporting conditions.

Summary

The petitioner, Jainul Aabedin, 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 of notice on behalf of the State. After hearing the parties, the Court exercised its discretion in favor of the petitioner and granted parole for seven days, subject to a personal bond of Rs.10,000 and conditions to report to the nearest police station on the 3rd and 5th days and to surrender at the jail at the end of the parole period. The order was made absolute and direct service was permitted. The petition was therefore partly allowed.

Issues considered

  • What is the appropriate exercise of judicial discretion in granting parole leave to a convict who has filed an appeal?

Subjects

parolecriminal procedurejudicial discretionappealbondjail authority

Judgment

      R/SCR.A/9215/2026                                  ORDER DATED: 03/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9215 of
                               2026
================================================================
      JAINUL AABEDIN @ JANU ABDUL JABBAR ANSARI THRU ANSARI
                    FARJANABANU JAINULABEDIN
                              Versus
                     STATE OF GUJARAT & ORS.
================================================================
Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                              Date : 03/07/2026
                               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.

The petitioner is ordered to be released on parole for a

period of seven days from the date of his actual release on

his furnishing a personal bond of Rs.10,000/- (Rupees Ten


                                  Page 1 of 2
        R/SCR.A/9215/2026                                                 ORDER DATED: 03/07/2026




  Thousand) to the satisfaction of the concerned jail authority

  on usual terms and conditions, with a further condition that

  the applicant shall mark presence before the nearest police
                       rd            th
  station on 3              and 5         days of parole period 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 03/07/2026 13:57:24




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