SCR.A/14487/2026 of MOHAMMAD ARIF MOHAMMAD IQBAL KAGZI THROUGH SAJEDABANU MOHAMMAD ARIF KAGZI Vs STATE OF GUJARAT on 12 October 2026

ORAL ORDER

1. This petition is filed by the accused-convict, through his wife, seeking parole leave for the purpose of filing Special Leave Petition before the Hon’ble Supreme Court and wants to hire lawyer and for consultation to brief the entire case and manage the financial funds also for legal fees.

2. Rule. Learned Additional Public Prosecutor waives service on behalf of the respondent – State.

3. Heard, learned Public Prosecutor Mr.Hardik Dave with learned APP and the learned advocate for the petitioner.

4. The accused-convict is convicted and imposed death sentence, which is confirmed by this Court in Criminal

Confirmation Case and allied matters vide judgment dated 07.07.2026.

5. The wife of the accused-convict, who is the petitioner and has sworn the affidavit, has stated in the petition that whenever the accused will be released, he will reside with her at the given address i.e. 179, Sagarvad, B/h Paththarvali Masjid, Shahpur, Ahmedabad City and for filing the SLP, he will do all his work from the said residence. The learned advocate for the petitioner has also stated that the accused- convict is not planing to go to Delhi to file SLP and has also stated that all throughout the parole leave period, he will be placed at above referred address. An affidavit to the said effect had also been filed by the accused-convict, wherein he has reiterated the facts stated in the petition supported with the affidavit filed by the petitioner-wife and had stated that once he is released on parole, he will reside at the above referred address and that he will do all the work from his residence.

6. The learned advocate for the petitioner, on instructions, has stated that the accused-convict shall be staying at the said residence all throughout the parole leave period and will not be travelling to any other person’s residence.

7. 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.

8. The petition, therefore, succeeds and is partly allowed. The accused-convict is ordered to be released on parole leave for a period from 07.12.2026 to 14.12.2026 with Police Escort at the cost of the State, 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. The accused-convict during his parole leave, as per the voluntary statement made in the affidavit, shall reside at the address referred above and shall do all his work from the said residence. The accused-convict is directed to surrender to the jail authority on expiry of the parole leave period forthwith. Rule is made absolute accordingly. 8.1 Direct service is permitted. (SANJEEV J.THAKER,J) SRILATHA

Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/10/2026 18:08:11