HARIHAR SARJU MAHONTOversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole leave for 21 days upon the petitioner furnishing a personal bond.
Summary
The petitioner, Harihar Sarju Mahonto, filed a special criminal application seeking parole leave, having been incarcerated since 18 November 2003. The State of Gujarat, represented by the Additional Public Prosecutor, waived service of notice. The court considered the petitioner's long period of detention and exercised its discretion under the relevant prison law. It found no impediment to granting parole and ordered the petitioner to be released on parole for 21 days upon furnishing a personal bond of Rs.10,000. The order also required the petitioner to surrender to the jail authority at the end of the parole period. Consequently, the petition was partly allowed.
Issues considered
- Whether the petitioner is entitled to parole leave after prolonged incarceration
Subjects
Judgment
R/SCR.A/9471/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9471 of
2026
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HARIHAR SARJU MAHONTO
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MS. PAYAL R. PARIK(19152) 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 : 09/07/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground stated in the application.
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, considering the fact that the
applicant is in jail since 18.11.2003, 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/9471/2026 ORDER DATED: 09/07/2026
The petitioner is ordered to be released on parole for a
period of 21 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)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 09/07/2026 17:15:31
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