ARIF ISHAKBHAI DAGRAversusSTATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- ILESH VORA
Holding
The court held that there was no infirmity in the authority's order rejecting parole, and therefore the application was dismissed.
Summary
The applicant, sentenced to three years' imprisonment, applied for parole leave after the competent authority rejected his request. The rejection was based on a negative police opinion, the presence of other family members who could provide financial assistance, and concerns about breach of peace and potential absconding. The court noted that parole is a discretionary privilege, not a right, governed by the Prisons (Bombay Furlough and Parole) Rules, 1959. After reviewing the grounds for parole and the authority's reasons for denial, the court found no infirmity in the lower authority's decision. Consequently, the application for parole was dismissed.
Issues considered
- Whether the lower authority's rejection of the parole application was infirm or liable to be set aside
Subjects
Judgment
R/SCR.A/7691/2026 ORDER DATED: 05/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7691 of
2026
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ARIF ISHAKBHAI DAGRA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 05/06/2026
ORAL ORDER
1. The applicant, who has been sentenced to undergo 03
years imprisonment, has filed present application through jail
for releasing him on parole leave as the competent authority
has rejected his parole application.
2. The convict is claiming parole leave on the grounds
mentioned in the application.
3. Record indicates that application of parole leave has
been rejected as there is negative opinion of the police
authority, there are other members in the family who can
provide financial assistance and there is apprehension of
breach of peace and jumping the parole.
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
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R/SCR.A/7691/2026 ORDER DATED: 05/06/2026
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.
(ILESH J. VORA,J)
TAUSIF SAIYED
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 05/06/2026 10:46:59
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