High CourtsSingle Bench(2021) 05 GUJ CK 0038

Rameshbhai Naranbhai Chavda (Parmar) vs State Of Gujarat

Gujarat High Court · Decided on 19 May 2021

HON’BLE JUDGES
Ilesh J. Vora, J
RESULT
Dismissed
CASE NUMBER
R/Special Criminal Application No. 4630 Of 2021

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Judgment

13 paragraphs · 231 words

Ilesh J. Vora, J

1.

The petitioner, who is a convict for offences punishable under Sections 323, 376 and 306 of the IPC and was sentenced to undergo imprisonment

for 07 years, has filed this application through jail for releasing him on parole leave as the competent authority has rejected his parole application by

order dated 18.03.2021.

2.

The convict is claiming parole leave on the ground of making arrangement for engagement of his daughter.

3.

Records indicate that the application of parole filed by the convict has been rejected on the ground of adverse opinion of the police and also on the

ground that the conviction was under serious offences.

4.

It is settled law that the grant of parole is not a right vested with the prisoner and is rather a privilege available to the prisoner on fulfilling certain

conditions. This is a discretionary power which has to be exercised by the authorities conferred with such powers under the provisions of the Prisons

(Bombay Furlough and Parole) Rules, 1959.

5.

Having regard to the grounds mentioned in the application for parole, jail remarks and reasons for rejecting parole leave by the authority, this Court

does not find any infirmity with the order passed by the authority while rejecting the claim of the prisoner for grant of parole. Consequently, the

petition deserves to be dismissed and same is accordingly dismissed.