Gujarat High Court
Anil @ Natho Rameshbhai Pansuriya vs State Of Gujarat on 20 March, 2026
NEUTRAL CITATION
R/SCR.A/12971/2025 ORDER DATED: 20/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 12971 of 2025
With
CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 12971 of 2025
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ANIL @ NATHO RAMESHBHAI PANSURIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MITTAL N PATEL(7614) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 4
NOTICE SERVED for the Respondent(s) No. 2,3,5,6,7
MR HARDIK DAVE, PUBLIC PROSECUTOR with MR H K PATEL, APP for
the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 20/03/2026
ORAL ORDER
Order in SPECIAL CRIMINAL APPLICATION NO. 12971 of 2025 Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.
1. By filing the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief:
"(A) Your Lordships may be pleased to admit and allow the present petition.
(B) Your Lordships may be pleased to Allow this Your Lordships be pleased to issue a writ of mandamus or any other, writ, or order in the ог direction mandamus of writ nature directing the jail authorities to consider the case of the applicant for commutation of his Page 1 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Tue Mar 24 2026 Downloaded on : Wed Mar 25 21:36:36 IST 2026 NEUTRAL CITATION R/SCR.A/12971/2025 ORDER DATED: 20/03/2026 undefined sentence and pre mature as he has completed release from jail 15 years in jail as per provision of Section 473 of BNSS. and at present is undergoing 16th year inclusive of remission and other reprieves like furlough and parole period; as per the guideline issued by Hon'ble Apex Court in the interest of justice. (C) Your lordships may be pleased to quash and set aside the order passed by the respondent no.4 dated.
24.06.2025 passed in Kramank/JLK/832025/V.J.179/J considering all aspects mentioned in the memo of this petition, in the interest of justice;
(D) An affidavit in support of this application may kindly be dispensed with as the facts are taken from the record and the applicant is at present in jail. (E) Any other relief deemed just and proper may please be granted in the interest of justice."
2. From the record it appears that the State Government in Home Department vide order dated 10.09.2024 had dismissed the case of the petitioner for grant of benefit of remission. The petitioner had preferred Special Criminal Application No.13712 of 2024 challenging the order passed by the State Government dated 10.09.2024. The Co-ordinate Bench of this Court vide order dated 21.01.2025 had allowed the said petition and had directed the respondent state authorities to reconsider the case of the petitioner without being influenced by the order dated 10.09.2024. Thereafter, the State Government vide order dated 24.06.2025, again rejected the claim of the petitioner for grant of benefit of remission which is impugned in the present petition. Though, this Court vide order dated 21.01.2025 passed in Special Criminal Application No.13712 of 2024, had directed the Page 2 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Tue Mar 24 2026 Downloaded on : Wed Mar 25 21:36:36 IST 2026 NEUTRAL CITATION R/SCR.A/12971/2025 ORDER DATED: 20/03/2026 undefined State Government to reconsider the case of the petitioner without being influenced by its order dated 10.09.2024, the State Government has passed verbatim the same order which was earlier quashed by this Court. Thus, the order impugned in the present petition does not reflect any application of mind in passing the impugned order. Learned Public Prosecutor fairly stated at the bar that the order impugned in the petition be quashed and set aside and the matter be remitted to the State Government for consideration afresh within a stipulated time.
3. Upon the aforesaid statement being made by the Learned Public Prosecutor, the order impugned in the petition is quashed and set aside. The State Government shall reconsider the case of the petitioner afresh without being influenced by the earlier two orders. Such an exercise shall be carried out as expeditiously as possible preferably within the period of two months from the date of receipt of the present order.
4. With these observations, the application stands allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent.
Order in CRIMINAL MISC.APPLICATION NO.1 of 2025 In SPECIAL CRIMINAL APPLICATION NO. 12971 of 2025
1. Having regard to the fact that the applicant has already undergone incarceration for a period of more than 15 years, he is ordered to be enlarged on parole leave subject to usual terms and conditions for a period of 60 days or till the case of the petitioner is considered by the State authorities, as directed Page 3 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Tue Mar 24 2026 Downloaded on : Wed Mar 25 21:36:36 IST 2026 NEUTRAL CITATION R/SCR.A/12971/2025 ORDER DATED: 20/03/2026 undefined herein above, whichever is earlier.
2. Hence, the present Criminal Misc. Application No.1 of 2025 in Special Criminal Application No. 12971 of 2025 stands disposed of.
(M. R. MENGDEY,J) AHS Page 4 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Tue Mar 24 2026 Downloaded on : Wed Mar 25 21:36:36 IST 2026