BHAVSAR MEHUL BALVANTBHAIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court allowed the petition and granted parole leave for seven days on the condition of a personal bond.
Summary
The petitioner, Bhavsar Mehul Balvantbhai, filed a Special Criminal Application seeking parole leave to enable him to file an appeal against his conviction. The Additional Public Prosecutor waived service of notice on behalf of the State of Gujarat. The High Court, after hearing counsel, considered the petitioner's request and the jail remarks, and exercised its discretion in his favor. The Court partially allowed the petition, granting parole for a period of seven days. The petitioner was ordered to furnish a personal bond of Rs.10,000 and to surrender to the jail authority at the end of the parole period. The order also made the rule absolute and permitted direct service.
Issues considered
- Whether the petitioner is entitled to parole leave for the purpose of filing an appeal
- Whether the court should exercise its discretion to grant parole in the circumstances
Subjects
Judgment
R/SCR.A/9781/2026 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9781 of
2026
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BHAVSAR MEHUL BALVANTBHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS. AARTI R. MISTRY(18822) 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 is filed by the petitioner seeking parole
leave on the ground to file an 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.
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R/SCR.A/9781/2026 ORDER DATED: 10/07/2026
The petitioner is ordered to be released on parole for a
period of seven days from the date of his/her 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.
Direct service is permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/32
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 14:06:00
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