IRFAN SIRAJ PADA THROUGH SHEHNAJBANU D/O. SIRAJ PADAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted parole leave for three days upon the petitioner furnishing a personal bond, subject to conditions, and held that the Section 268 notification remains in abeyance during the parole period.
Summary
The petitioner, Irfan Siraj Pada, filed a special criminal application seeking parole leave. The Additional Public Prosecutor waived service on behalf of the State. After hearing the parties and considering the petitioner's averments and jail remarks, the court exercised its discretion in favor of the petitioner. The petition was partly allowed, granting parole for three days upon furnishing a personal bond of Rs.10,000 and complying with usual conditions, including marking presence at the nearest police station on the 3rd and 5th days. The court also directed that the notification issued under Section 268 of the Criminal Procedure Code remain in abeyance during the parole period.
Issues considered
- Whether the petitioner is entitled to parole leave under the provisions of the Criminal Procedure Code
- Whether the notification under Section 268 Cr.P.C. should remain in force during the parole period
Legislation cited
Subjects
Judgment
R/SCR.A/9685/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9685 of
2026
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IRFAN SIRAJ PADA THROUGH SHEHNAJBANU D/O. SIRAJ PADA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DIPAK H SINDHI(5710) 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, 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/9685/2026 ORDER DATED: 09/07/2026
period of three 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
police station on 3rd and 5th day of his parole leave period.
6. The notification issued by the State under Section 268
of the Cr.P.C. in the case of the petitioner shall remain in
abeyance during the said period of parole leave.
(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 17:29:40
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