IRFAN ALAM PARMARversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that, given the waiver of notice and the medical necessity, parole may be granted for a limited period subject to a bond and prescribed conditions.
Summary
The petitioner, Irfan Alam Parmar, filed a special criminal application from jail seeking parole leave to obtain medical treatment for his son. The Additional Public Prosecutor waived service of notice on behalf of the State, removing a procedural obstacle. The court examined the petitioner's request, the medical necessity, and the waiver, and exercised its discretion in favor of the petitioner. It ordered that the petitioner be released on parole for a period of seven days, subject to a personal bond of Rs.10,000 and compliance with conditions to appear before the nearest police station on the third and fifth days and to surrender at the end of the leave. The order was made absolute and directed to be communicated to the jail authority.
Issues considered
- Whether parole may be granted for the purpose of obtaining medical treatment for the petitioner's son
- Whether the waiver of notice by the Additional Public Prosecutor permits the court to exercise discretion in granting parole
Subjects
Judgment
R/SCR.A/9752/2026 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9752 of
2026
==========================================================
IRFAN ALAM PARMAR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
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 for treatment of his son.
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
period of seven days from the date of his/her actual release
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R/SCR.A/9752/2026 ORDER DATED: 10/07/2026
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 to mark his
rd th
presence before the nearest police station on 3 and 5 day
of his release, and further 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/28
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 14:07:16
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