Nileshbhai @ Mohit Khimjibhai Parmar vs State Of Gujarat on 21 May, 2021

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Gujarat High Court

Nileshbhai @ Mohit Khimjibhai Parmar vs State Of Gujarat on 21 May, 2021

Bench: Ilesh J. Vora

    R/SCR.A/4936/2021                              ORDER DATED: 21/05/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 4936 of 2021

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                NILESHBHAI @ MOHIT KHIMJIBHAI PARMAR
                               Versus
                         STATE OF GUJARAT
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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
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 CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA

                            Date : 21/05/2021

                             ORAL ORDER

1. The petitioner, who is a convict for offences punishable under Sections 302, 397, 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 17.03.2021.

2. The convict is claiming parole leave on the medical ground of his wife, who is suffering from diabetics and having infection in urine.

3. Records indicate that the application of parole filed by the convict has been rejected on the ground of his conduct in the opinion of the jail authority is not satisfactory and has committed prison offenses and also on the ground that the conviction is under serious offences.

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R/SCR.A/4936/2021 ORDER DATED: 21/05/2021

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, medical case papers, 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 02:20:58 IST 2022

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