ROOP NARAYAN MEENA S/O HARNARAYAN MEENAversusSTATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- ILESH VORA
Holding
The court held that the authority's rejection of parole was proper and the application must be dismissed.
Summary
The petitioner, Roop Narayan Meena, filed a special criminal application seeking parole leave after the competent authority rejected his earlier parole request. The authority’s rejection was based on negative police opinion, poor jail conduct, the seriousness of the offence, prior absconding, and concerns of breach of peace, among other reasons. The court noted that parole is a discretionary privilege, not a vested right, governed by the Prisons (Bombay Furlough and Parole) Rules, 1959. After reviewing the applicant’s grounds and the authority’s observations, the court found no infirmity in the rejection order. Consequently, the court dismissed the parole application.
Issues considered
- Whether the competent authority's rejection of the parole application was lawful and in accordance with the Prisons (Bombay Furlough and Parole) Rules, 1959
- Whether the petitioner is entitled to parole as a matter of right
Subjects
Judgment
R/SCR.A/7576/2026 ORDER DATED: 02/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7576
of 2026
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ROOP NARAYAN MEENA S/O HARNARAYAN MEENA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. PARTH .B. CHAUHAN(14307) for the Applicant(s) No. 1
MR. NIRAJ SHARMA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/06/2026
ORAL ORDER
1. The applicant has filed the present application seeking release
on parole leave, being aggrieved by the order passed by the competent
authority rejecting 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, jail
conduct is not good, the offence is serious in nature, there jail
punishment, there are other members in the family who can look after
the patient, the applicant has absconded earlier while released, there
is apprehension of breach of peace and jumping the parole and the
reason for parole leave is not in consonance with the guidelines of
parole.
4. It is settled law that the grant of parole is not a right vested with
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R/SCR.A/7576/2026 ORDER DATED: 02/06/2026
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.
(ILESH J. VORA,J)
Mehul Desai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 02/06/2026 11:29:07
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