Gujarat High Court
Rajakbhai Musabhai Gandhar vs State Of Gujarat on 4 September, 2025
NEUTRAL CITATION
R/SCR.A/12711/2024 ORDER DATED: 04/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 12711 of 2024
With
R/SPECIAL CRIMINAL APPLICATION NO. 12721 of 2024
With
R/SPECIAL CRIMINAL APPLICATION NO. 13332 of 2024
With
CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 13332 of 2024
With
R/SPECIAL CRIMINAL APPLICATION NO. 14100 of 2024
With
CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 3 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 14100 of 2024
With
R/SPECIAL CRIMINAL APPLICATION NO. 15391 of 2024
With
R/SPECIAL CRIMINAL APPLICATION NO. 16042 of 2024
With
R/SPECIAL CRIMINAL APPLICATION NO. 16781 of 2024
With
CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2024
In R/SPECIAL CRIMINAL APPLICATION NO. 16781 of 2024
With
R/SPECIAL CRIMINAL APPLICATION NO. 1391 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 1730 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 2058 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 2059 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 2069 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 2073 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 2175 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 2658 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 2760 of 2025
With
CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 2760 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 2893 of 2025
With
CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 2893 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 3209 of 2025
Page 1 of 4
Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 23:26:25 IST 2025
NEUTRAL CITATION
R/SCR.A/12711/2024 ORDER DATED: 04/09/2025
undefined
With
R/SPECIAL CRIMINAL APPLICATION NO. 3251 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4016 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4294 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4322 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4467 of 2025
With
CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 4467 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 5007 of 2025
With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO.
2 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 5007 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 5032 of 2025
With
CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 5032 of 2025
==========================================================
RAJAKBHAI MUSABHAI GANDHAR
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
BHAVIN B THAKAR(9371) for the Applicant(s) No. 1
MR HARDIK MEHTA, MR MANAN MAHETA AND MS. SHRUTI PATHAK,
APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 04/09/2025
COMMON ORAL ORDER
1) RULE returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent - State of Gujarat.
2) With the consent of learned counsel appearing for respective parties, present petitions are taken up for final hearing today.
3) By way of present petitions under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C"), the petitioners have prayed to quash and set aside the impugned orders passed by the Page 2 of 4 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 23:26:25 IST 2025 NEUTRAL CITATION R/SCR.A/12711/2024 ORDER DATED: 04/09/2025 undefined Department of Home, Government of Gujarat, whereby the petitioner has been denied remission under Section 432 of the CrPC.
4) At the outset, learned APP has fairly submitted that as per the directions issued by this Court, order/s of remission or refusal of remission have been passed following the directions given by this Court and time to time directions issued by the Hon'ble Supreme Court and therefore, without entering into merit of the matters, the State Authority once again is ready and willing to reconsider the matters on merit, as expeditiously as possible.
5) From the record of the petitions, it appears that remission orders passed without assigning any reason and general order which does not reflect application of mind and proper consideration of case of convicts have been passed by the authority without verifying the facts of each case. In view of the above, prima facie, it appears that the respondent authority has not considered the applications filed by the present petitioners in a fair manner and not properly assessed the material and the opinion produced before the authority.
6) Herein, as discussed above, the report of Jail Advisory Board is ambiguous and there is nothing in the said report which clearly indicate about the conduct and relevant criteria to consider the applications for remission.
7) Same time, as this Court is unable to sit in appeal or review the decision of the respondent Authority including the calculation of days and hence, the impugned order passed by the Authority deserve to be quashed and set aside and the matters are required to be remitted back to the respondent Authority to decide afresh, in light of prevailing government policy and Resolutions extending benefit of remission as well as the criteria laid down by the Hon'ble Supreme Court in the case of Nawas @ Mulanavas Vs. State of Kerala, reported in 2024 INSC 215;
Page 3 of 4 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 23:26:25 IST 2025NEUTRAL CITATION R/SCR.A/12711/2024 ORDER DATED: 04/09/2025 undefined
(a) the number of deceased who are victims of that crime and their age and gender;
(b) the nature of injuries including sexual assault if any;
(c) the motive for which the offence was committed;
(d) whether the offence was committed when the convict was on bail in another case;
(e) the premeditated nature of the offence;
(f) the relationship between the offender and the victim;
(g) the abuse of trust if any; (h) the criminal antecedents; and whether the convict, if released, would be a menace to the society.
Some of the positive factors have been, (1) age of the convict; (2) the probability of reformation of convict; (3) the convict not being a professional killer; (4) the socio-economic condition of the accused; (5) the composition of the family of the accused and (6) conduct expressing remorse."
8) In view of the aforesaid discussion, the impugned orders passed by the Department of Home, Government of Gujarat, are hereby quashed and set aside. The matters are remitted to the concerned authority for fresh consideration, which shall be completed within a period of eight weeks from the date of receipt of this order, without being influenced by any of the observations made herein.
9) Meanwhile, the petitioners are hereby released on parole leave for a period of four (4) weeks on usual terms and conditions including furnishing a bail bond of Rs.5,000/- to the satisfaction of the concerned jail authority, pending re- consideration of their applications by the concerned authority. The petitioner shall surrender before the jail authority without fail, in the event of any adverse decision by the said authority.
10) With the above observations and directions, present petitions along with connected applications stand disposed of. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(HASMUKH D. SUTHAR,J) SUCHIT Page 4 of 4 Uploaded by SUCHITKUMAR PATEL(HC01083) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 23:26:25 IST 2025