MANISHKUMAR ALIAS KATYO SURESHBHAI BHALABHAI KHANTversusSTATE 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 upon furnishing a personal bond of Rs.10,000.
Summary
Manishkumar alias Katyo Sureshbhai Bhalabhai Khant 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 the petition on behalf of the State. The High Court, after hearing counsel, exercised its discretion in favour of the petitioner. The Court partially allowed the petition, granting parole for a period of seven days subject to a personal bond of Rs.10,000 and standard conditions. The petitioner was directed to surrender to the jail authority at the end of the parole period and to mark his presence at the nearest police station on specified days.
Issues considered
- What is the appropriate discretion of the High Court in granting parole leave to a convicted prisoner pending appeal?
- Can parole be granted on the ground of filing an appeal under the applicable criminal procedure provisions?
Subjects
Judgment
R/SCR.A/9485/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9485 of
2026
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MANISHKUMAR ALIAS KATYO SURESHBHAI BHALABHAI KHANT
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) 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 of filing 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
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R/SCR.A/9485/2026 ORDER DATED: 09/07/2026
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.
5.2 The applicant shall mark presence before the nearest
rd th
police station on 3 and 5 day of his parole leave period.
(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 17:16:23
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