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High Court of Gujarat

MANOJGAR MUKNAGAR GOSWAMIversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion to grant the petitioner parole leave for seven days upon furnishing a personal bond of Rs.10,000.

Summary

The petitioner, Manojgar Muknag ar Goswami, filed a Special Criminal Application seeking parole leave on the ground that he had filed 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 the parties and considering the petitioner's averments and the jail remarks, exercised its discretion in favor of the petitioner. The Court noted that parole could be granted pending the outcome of the appeal, subject to appropriate safeguards. Consequently, the petition was partly allowed, directing the petitioner’s release on parole for seven days upon furnishing a personal bond of Rs.10,000. The order also required the petitioner to surrender to the jail authority at the expiry of the parole period.

Issues considered

  • Whether the petitioner is entitled to parole leave pending the filing of an appeal
  • Whether the court may exercise its discretion to grant parole in the circumstances
  • Whether service of notice can be waived by the Additional Public Prosecutor

Subjects

parolespecial criminal applicationdiscretionbondappealHigh Court of Gujaratwaiver of service

Judgment

      R/SCR.A/9994/2026                                    ORDER DATED: 16/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 9994 of
                               2026

==========================================================
                          MANOJGAR MUKNAGAR GOSWAMI
                                     Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1
MR ROHAN A SHAH, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                Date : 16/07/2026

                                 ORAL ORDER


1.      This petition is filed by the petitioner seeking parole

leave      on the ground of filing 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.




                                    Page 1 of 2
                           R/SCR.A/9994/2026                                                ORDER DATED: 16/07/2026




                     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 16/07/2026 16:50:51




                                                                   Page 2 of 2


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