ARIF ISHAKBHAI DAGRAversusSTATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- ILESH VORA
Holding
The court held that the authority's order rejecting the parole application was valid and the application was dismissed.
Summary
The applicant, sentenced to three years' imprisonment, applied for parole leave after the competent authority rejected his request. The authority's rejection was based on the presence of other family members who could provide financial assistance, concerns of breach of peace, risk of absconding, and non‑conformity with parole guidelines. The court noted that parole is a privilege, not a right, and is exercised at the discretion of the authority under the Prisons (Bombay Furlough and Parole) Rules, 1959. After reviewing the applicant’s grounds and the authority’s reasons, the court found no infirmity in the rejection. Consequently, the application for parole was dismissed.
Issues considered
- Whether the competent authority's rejection of the parole application was legally valid and not subject to judicial interference.
Legislation cited
Subjects
Judgment
R/SCR.A/7696/2026 ORDER DATED: 05/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 7696 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 are other members in the family who
can look provide financial assistance, 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 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/7696/2026 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 10:45:59
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