HUSAINBHAI @ TIGRE AKHTARBHAI KALIWALA THROUGH RUKSARBANU HUSAIN KALIWALAversusSTATE 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 furnishing a personal bond of Rs.10,000.
Summary
The petitioner, Husainbhai Kaliwala, filed a Special Criminal Application seeking parole leave to enable filing an appeal against his conviction. The Additional Public Prosecutor waived service of the application on behalf of the State. The High Court, after hearing counsel, exercised its discretion and found the petitioner eligible for parole. The court ordered his release on parole for seven days, conditioned upon furnishing a personal bond of Rs.10,000 to the jail authority and surrendering at the end of the period. The order was made absolute and direct service was permitted.
Issues considered
- Whether the petitioner is entitled to parole leave pending an appeal
- Whether the court may exercise discretion to grant parole under the applicable provisions
- Effect of the Additional Public Prosecutor's waiver of service
Subjects
Judgment
R/SCR.A/9783/2026 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9783 of
2026
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HUSAINBHAI @ TIGRE AKHTARBHAI KALIWALA THROUGH
RUKSARBANU HUSAIN KALIWALA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.MANJULA R CHAUHAN(6871) 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/9783/2026 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/33
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 14:05:14
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