RASIKBHAI BHARATBHAI BHALIYA THROUGH DIPALI RASIKBHAI BHALIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court allowed the petition, granting parole for seven days on a personal bond of Rs.10,000.
Summary
Rasikbhai Bharatbhai Bhaliya filed a Special Criminal Application seeking parole leave to raise funds for advocate fees required to file an appeal. The Additional Public Prosecutor waived service on behalf of the State. The High Court considered the petitioner's claim and the jail remarks, exercising its discretion in favor of the petitioner. The Court partially allowed the petition, granting parole for seven days upon the petitioner furnishing a personal bond of Rs.10,000 to the jail authority. The order also directed the petitioner to surrender to the jail authority at the expiry of the parole period and permitted direct service of the order.
Issues considered
- Whether parole leave can be granted to the petitioner for the purpose of managing funds to pay advocate fees for filing an appeal
Subjects
Judgment
R/SCR.A/9919/2026 ORDER DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9919 of
2026
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RASIKBHAI BHARATBHAI BHALIYA THROUGH DIPALI RASIKBHAI
BHALIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 14/07/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking parole
leave on the ground of managing funds for advocate fees 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.
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R/SCR.A/9919/2026 ORDER DATED: 14/07/2026
5. 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
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.
5.1 Direct service is permitted.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 14/07/2026 16:34:52
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