Gujarat High Court
Shaukat Yusuf Ismail Mohan @ Bibino ... vs State Of Gujarat on 18 May, 2021
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/4514/2021 ORDER DATED: 18/05/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4514 of 2021
==========================================================
SHAUKAT YUSUF ISMAIL MOHAN @ BIBINO GHANCHI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MAITHILI MEHTA APP (2) for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 18/05/2021
ORAL ORDER
1. The petitioner, who is a convict for offences punishable under Sections 302, 307, 323, 324, 325, 326, 332, 435, 395, 397, 143, 147, 148, 153, 186, 188, 12B, 149 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 01.04.2021.
2. The convict is claiming parole leave on the ground to extend the financial aid to the family members.
3. Records indicate that the application of parole filed by the convict has been rejected on the ground of negative police opinion.
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 Page 1 of 2 Downloaded on : Sat Jan 15 01:55:08 IST 2022 R/SCR.A/4514/2021 ORDER DATED: 18/05/2021 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 01:55:08 IST 2022