MANGAL MANJIBHAI VAGHELAversusSTATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- ILESH VORA
Holding
The court held that the parole authority's order rejecting the application was valid and not subject to reversal.
Summary
The petitioner, Mangal Manjibhai Vaghela, sentenced to five years' imprisonment, filed a Special Criminal Application seeking parole leave after the competent authority rejected his request. The rejection was based on a negative police opinion and concerns of breach of peace and possible absconding. The court noted that parole is a privilege, not a right, and is exercised at the discretion of authorities under the Prisons (Bombay Furlough and Parole) Rules, 1959. Upon reviewing the grounds raised by the petitioner and the reasons for denial, the court found no infirmity in the authority's decision. Consequently, the application for parole was dismissed.
Issues considered
- Whether the discretionary power of the parole authority can be judicially reviewed in the present case
- Whether the rejection of parole on grounds of police opinion and apprehension of breach of peace is legally valid
Subjects
Judgment
R/SCR.A/7686/2026 ORDER DATED: 05/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7686 of
2026
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MANGAL MANJIBHAI VAGHELA
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 05
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 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
authorities conferred with such powers under the provisions of
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R/SCR.A/7686/2026 ORDER DATED: 05/06/2026
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 10:48:22
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