BHARATBHAI MALDEBHAI KESHVALAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant parole leave for seven days upon the petitioner’s personal bond, as the application satisfied the requisite grounds.
Summary
Bharatbai Maldebhai Keshvala filed a Special Criminal Application seeking parole leave to file an appeal. The Additional Public Prosecutor waived service of notice on behalf of the State. The court examined the grounds of the application and the jail remarks, and decided to exercise its discretion in favor of the petitioner. The petition was partly allowed, granting the petitioner a seven‑day parole on the condition of furnishing a personal bond of Rs.10,000 and complying with standard terms, including reporting to the nearest police station and surrendering after the parole period. The order was directed to be communicated to the concerned jail authority.
Issues considered
- Whether the petitioner is entitled to parole leave for the purpose of filing an appeal
- Whether the court may exercise discretion to grant parole despite the waiver of notice by the prosecutor
Subjects
Judgment
R/SCR.A/9759/2026 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9759 of
2026
==========================================================
BHARATBHAI MALDEBHAI KESHVALA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP PUBLIC PROSECUTOR 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 to file an appeal.
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/9759/2026 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/29
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 14:06:55
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