KAMLESH BHUPATBHAI CHARANversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion to grant parole leave to the petitioner for seven days upon furnishing a bond.
Summary
The petitioner, Kamlesh Bhupatbhai Charan, 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 on behalf of the State, and both parties were represented by counsel. The Court examined the petition, the specific ground raised, and the jail remarks, and exercised its discretion in favor of the petitioner. It ordered that the petitioner be released on parole for a period of seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, subject to usual terms and conditions. The order also directed the petitioner to surrender to the jail authority at the end of the parole period and to mark his presence at the nearest police station on the third and fifth days of the leave. Consequently, the petition was partly allowed and the parole was granted.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole leave to a convicted person who has filed an appeal?
Subjects
Judgment
R/SCR.A/9628/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9628 of
2026
==========================================================
KAMLESH BHUPATBHAI CHARAN
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR AVANIDHAR M THAKORE(10377) 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/9628/2026 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 17:24:54
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