R/SCR.A/7117/2026 ORDER DATED: 21/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7117 of 2026 With R/SPECIAL CRIMINAL APPLICATION NO. 7123 of 2026 ========================================================== MOHAMMAD JAVED BISMILLAH KHAN THAKOR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1 MR ROHAN N SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 21/05/2026 COMMON ORAL ORDER 1. By way of this application, the petitioner is seeking parole leave on the ground that he wants to appear in the LL.B. Semester-6 examination, which is commencing from 21.05.2026 to 26.05.2026. 2. The jail remarks indicate that the petitioner had remained absconding for a period of 409 days when he was earlier granted parole leave for a period of 11 days from 31.05.2023 to 10.06.2023. The petitioner was arrested by the police on 23.07.2024 after remaining absconding for 409 days. Page 1 of 3 R/SCR.A/7117/2026 ORDER DATED: 21/05/2026 3. Once again, in the year 2025, the petitioner preferred an application for parole leave and was granted parole leave for a period of 36 days for the treatment of his wife from 20.09.2025 to 24.10.2025. However, the petitioner again remained absconding for a period of 103 days and was arrested by the police on 04.06.2026 i.e. in the present year itself. 4. Not only that, the record indicates that the petitioner was granted temporary bail for periods of 25 days and 6 days in the month of March, 2025, and further for periods of 25 days, 6 days and 21 days in March and April, 2025, and at that time also, the petitioner surrendered late by 6 days. 5. The above facts would indicate that whenever the petitioner was granted temporary bail or parole leave, the petitioner had formed a habit of remaining absconding and, ultimately, on two occasions, the petitioner was arrested by the police. 6. On one occasion, when the petitioner remained absconding for 409 days, the reason given by the petitioner for seeking parole was the same, i.e. to appear R/SCR.A/7117/2026 ORDER DATED: 21/05/2026 in the LL.B. examination. This time also, the petitioner is seeking parole leave on the ground of appearing in the LL.B. examination, but looking to the past conduct of the petitioner, this Court does not see any reason to grant parole leave to the petitioner, as the petitioner has formed a habit of remaining absconding. 7. Despite the above conduct of the petitioner, the Court was inclined to grant parole leave to the petitioner as prayed for, but under police japta and on the condition that the expenses were to be borne by the present petitioner, for which Ms. Solanki, learned counsel for the petitioner, was not inclined and she politely refused to bear the expenses of police japta. 8. Accordingly, both these applications are required to be dismissed and the same are dismissed. (NIRZAR S. DESAI,J) ROHAN SONI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 21/05/2026 13:06:30