IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 15829 of 2025 With CRIMINAL MISC.APPLICATION (PAROLE LEAVE) NO. 1 of 2025 In R/SPECIAL CRIMINAL APPLICATION NO. 15829 of 2025 ==========================================================

MAHAVIRSINH HEMUBHA TANK Versus STATE OF GUJARAT & ORS.

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Appearance:

BHAVIN B THAKAR(9371) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2,3 MS MAITHILI MEHTA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 11/03/2026

ORAL ORDER

Order in Special Criminal Application No. 15829 of 2025

1. By filing the present petition under article 226 of the Constitution of India the petitioner has prayed for the following reliefs :-

"A. YOUR LORDSHIPS MAY BE PLEASED to admit and allow this application;

B. YOUR LORDSHIPS BE PLEASED TO issue appropriate writ or order by quashing and setting aside order dated 18-10-2025 passed by respondent (ANNEXURE-C) AND FURTHER BE pleased to Direct the authority to release the present petitioner by considering the remission.

C. As the applicant is in jail, his affidavit may kindly be dispensed with.

D. Be pleased to pass such other and further orders as may be deemed fit in the interest of justice."

2. The facts and circumstances giving rise to the filing of the petition are such that the petitioner herein came to be convicted for an offence punishable under Section 302 of the Indian Penal Code vide Judgment and order dated 22.03.2011 passed by the Learned Sessions Court, Surendranagar and was sentenced to undergo imprisonment for life. The State Government considered the case of the petitioner for grant of remission and vide order dated 06.03.2025 had dismissed the case of petitioner for grant of remission inter-alia on the ground of the petitioner having committed similar such offences in the past. The said order was challenged by the petitioner before this Court by filing the Special Civil Application No. 6157 of 2025.

3. The Coordinate Bench of this Court vide order dated 08.08.2025 had quashed and set aside the order dated 06.03.2025 and had remitted the matter back to the State Authorities for reconsideration. Thereafter, again the State Government in the Home Department vide order dated 18.10.2025 dismissed the case of the petitioner for grant of remission. It is against this order that the petitioner has preferred the present petition.

4. Heard learned advocate Mr. Bhavin B. Thakar appearing for the petitioner has submitted that earlier the State Government in the Home Department had dismissed the case of the petitioner for grant of remission vide order dated 06.03.2025 which was challenged by the petitioner before this Court. This Court in its order dated 08.08.2025 has observed that the order passed by the State Government is a non-speaking order and the case of the petitioner has not been considered in a fair manner and therefore, by quashing and setting aside the said order, the State Authorities were directed to reconsider the case of the petitioner for grant of remission taking into consideration the guidelines issued by the Hon’ble Apex Court in its Judgment in case of Navas alias Mulanavas Vs. State of Kerala (2024 INSC 215). However, instead of complying with the directions issued by this Court in its order dated 08.08.2025, the State Authority again rejected the case of the petitioner for grant of remission vide order dated 18.10.2025 on the very same grounds on which the earlier order was passed by the authorities. The order impugned in the present petition not only demonstrates non- application of mind but also shows non-compliance of the directions issued by this Court in its earlier order dated 08.08.2025. He therefore submitted to allow the present petition and quash and set aside the order impugned in the petition and direct the authorities in question to gra