High Court of Gujarat

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 dismissed the application.

Summary

The applicant, sentenced to three years' imprisonment, filed a special criminal application seeking parole after the competent authority rejected his request. The rejection was based on a negative police opinion, the presence of other family members able to provide financial assistance, and concerns about breach of peace and potential 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. After reviewing the grounds and the authority's reasoning, the court found no infirmity in the rejection. Consequently, the application for parole was dismissed.

Issues considered

Whether the lower authority's rejection of the parole application was contrary to law or an abuse of discretion.

Subjects

parolediscretionary powerprison lawCriminal Procedure CodeGujarat

Judgment

      R/SCR.A/7694/2026                                       ORDER DATED: 05/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7694 of
                               2026

==========================================================
                                ARIF ISHAKBHAI DAGRA
                                        Versus
                               STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================

 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/7694/2026                                                    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 10:47:26




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