SANJAYBHAI NATHABHAI KHISATARIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion to grant parole leave for seven days on condition of a personal bond.
Summary
The petitioner, Sanjaybhai Nathabhai Khisatariya, filed a parole application seeking temporary release to provide financial assistance to his family. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the petitioner's ground and jail remarks and exercised its discretion in his favor. It ordered the petitioner to be released on parole for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, with the condition of surrendering at the end of the period. The order was communicated to the concerned jail authority.
Issues considered
- What is the appropriate exercise of judicial discretion in granting parole leave on the ground of financial assistance to the family?
Subjects
Judgment
R/SCR.A/9746/2026 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9746 of
2026
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SANJAYBHAI NATHABHAI KHISATARIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 10/07/2026
ORAL ORDER
1. This petition, through jail, is filed by the petitioner
seeking parole leave on the ground of extending financial
assistance to the family.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Considering the application, 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.
4. 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/9746/2026 ORDER DATED: 10/07/2026
period of seven days from the date of his/her actual release
on 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.
4.1 Registry to communicate this order to the concerned jail
authority, forthwith.
(SANJEEV J.THAKER,J)
M.H. DAVE/27
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/07/2026 14:07:37
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