Dilipbhai Ramnikbhai Chavda vs State Of Gujarat on 6 May, 2021

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Gujarat High Court

Dilipbhai Ramnikbhai Chavda vs State Of Gujarat on 6 May, 2021

Bench: Ilesh J. Vora

        R/SCR.A/3105/2021                                ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CRIMINAL APPLICATION NO. 3105 of 2021

=========================================================
                 DILIPBHAI RAMNIKBHAI CHAVDA
                               Versus
                        STATE OF GUJARAT
=========================================================
Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
 for the Respondent(s) No. 2,3
MR.CHINTAN DAVE, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA

                            Date : 06/05/2021

                              ORAL ORDER

[1] The petitioner, who is a convict for offences punishable under Sections 302, 397 and 114 of the IPC and was sentenced to undergo imprisonment of 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 11.01.2021.

[2] The convict is claiming parole leave on the ground of filing an appeal against his conviction before the higher forum through private lawyer.

[3] Records indicate that the application of parole filed by the convict has been rejected on the ground that there is likelihood of breach of peace, if convict is released on parole. The authority has also considered that the other family members leaving in the joint family who can take care of for the legal proceedings. and as per the jail remarks, the conduct of the convict is also not satisfactory.

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R/SCR.A/3105/2021 ORDER [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) DHARMENDRA KUMAR Page 2 of 2 Downloaded on : Sat Jan 15 00:36:10 IST 2022

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Gujarat High Court