Gujarat High Court
Shabana @ Sabu Allarakhabhai vs State Of Gujarat on 20 May, 2021
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/4835/2021 ORDER DATED: 20/05/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4835 of 2021
==========================================================
SHABANA @ SABU ALLARAKHABHAI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR HARDIK SONI APP (2) for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 20/05/2021
ORAL ORDER
1. The petitioner, who is a convict for offences punishable under Sections 302, 34, 397, 449 and 201 of the IPC and was sentenced to undergo imprisonment for life, has filed this application through jail for releasing him on parole leave as the competent authority has rejected his parole application by order dated 24.03.2021.
2. The convict is claiming parole leave on the medical ground to perform cataract operation of his mother. .
3. Records indicate that the application of parole filed by the convict has been rejected on the ground of adverse police opinion and the conviction was under serious offence and also on the ground that the cause for leave does not fall under Parole Rules and has defaulted in surrendering himself at the appropriate time after release on parole Page 1 of 2 Downloaded on : Sat Jan 15 02:12:55 IST 2022 R/SCR.A/4835/2021 ORDER DATED: 20/05/2021
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 the Prisons (Bombay Furlough and Parole) Rules, 1959.
5. Having regard to the grounds mentioned in the application for parole, jail remarks and reasons 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 petition deserves to be dismissed and same is accordingly dismissed.
(ILESH J. VORA,J) P.S. JOSHI Page 2 of 2 Downloaded on : Sat Jan 15 02:12:55 IST 2022