Gujarat High Court
Shamjibhai Bhikhalal Vaghela vs State Of Gujarat on 28 June, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/6464/2022 ORDER DATED: 28/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 6464 of 2022
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SHAMJIBHAI BHIKHALAL VAGHELA
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 28/06/2022
ORAL ORDER
1. The applicant, who has been sentenced for life imprisonment, has filed present application through jail for releasing him on furlough leave as the competent authority has rejected his parole application by order dated 17.01.2022.
2. Record indicates that application of furlough leave has been rejected due to negative police opinion and the reason for parole leave is not in consonance with the guidelines of parole.
3. It is settled law that the grant of furlough 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.
4. Having regard to the grounds mentioned in the application for furlough, jail remarks and reason for rejecting furlough 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 furlough. Consequently, the application deserves to be dismissed and same is accordingly dismissed.
(ILESH J. VORA,J) SUCHIT Page 1 of 1 Downloaded on : Tue Jun 28 21:24:37 IST 2022