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Revaji Bhagaji Majirana v. State Of Gujarat

Revaji Bhagaji Majirana v. State Of Gujarat

(High Court Of Gujarat At Ahmedabad)

R/SPECIAL CRIMINAL APPLICATION NO. 3022 of 2022 | 23-03-2022

1. The applicant, who has been sentenced to undergo imprisonment for a period of ten years, has filed present application through jail for releasing him on parole leave as the competent authority has rejected his parole application by order dated 24.02.2022.

2. The convict is claiming parole leave on the ground of filing appeal before this Court.

3. Record indicates that application of parole leave has been rejected as there is negative opinion of the police authority and the reason for parole leave is not in consonance with the guidelines of parole and as the offencee committed by the applicant is serious in nature and as the applicant has been recently convicted.

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 reason 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 application deserves to be dismissed and same is accordingly dismissed.

Advocate List
  • MS CHETNA M SHAH

Bench
  • HON'BLE MR. JUSTICE ILESH J. VORA
Eq Citations
  • LQ
  • LQ/GujHC/2022/4334
Head Note

Prisons and Prisoners — Parole — Grant of parole — Discretionary power — Parole application rejected by competent authority — Held, parole is not a right vested with prisoner and is rather a privilege available to prisoner on fulfilling certain conditions — It is a discretionary power which has to be exercised by authorities conferred with such powers under Prisons (Bombay Furlough and Parole) Rules, 1959 — Having regard to grounds mentioned in application for parole, jail remarks and reason for rejecting parole leave by authority, no infirmity found with order passed by authority while rejecting claim of prisoner for grant of parole — Application for parole, dismissed — Criminal Procedure Code, 1973, S. 436