Objections Raised By Neighbours, Relatives Cannot Be Sole Ground For Refusing Convict's Parole: Himachal Pradesh High Court
2 weeks, 1 day ago

Objections Raised By Neighbours, Relatives Cannot Be Sole Ground For Refusing Convict's Parole: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has recently said that any objection raised by local inhabitants or relatives cannot be the sole determinative basis for refusing parole. Justice Ranjan Sharma said, "Any objection raised by local inhabitants / relative cannot be the sole determinative basis for refusing parole and such an objection raised by local inhabitants/relative cannot be given “pre- dominance and over-weightage” by totally brushing aside relevant considerations i.e. Justice Sharma highlighted that as per Para No.19.12 of Himachal Pradesh Prison Manual, 2021, "a convict becomes eligible for second parole “after completion of 6 months of actual imprisonment to be counted from the date of his last return from parole, by asserting it to have been issued in a casual manner and also by totally ignoring the mandate of law, which is illegal." Stating that, "Depriving a convict of the benefit of parole when, his conduct and behavior was good and nothing adverse was reported against petitioner so as to enable him to move towards reformation," the Court directed re- consider the case of the petitioner for parole in view of the extenuating circumstances as per the law.

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History of this topic

'Poor Person Forced To Approach Court': P&H HC Slams Authorities For Denying Parole To NDPS Convict During Elections On Assumption Of Reoffending
1 month ago

'Poor Person Forced To Approach Court': P&H HC Slams Authorities For Denying Parole To NDPS Convict During Elections On Assumption Of Reoffending

Live Law  

The Punjab & Haryana High Court pulled up the authorities for rejecting parole of a man convicted under the NDPS Act "merely on assumptions" that the convict may smuggle drugs during elections which may affect public order.The convict had moved the parole application at the time of the general election of 2024 and the same was rejected by Deputy Commissioner-cum-District …

Karnataka High Court grants 90-day parole to life convict for agricultural duties
3 months, 2 weeks ago

Karnataka High Court grants 90-day parole to life convict for agricultural duties

New Indian Express  

BENGALURU: The Karnataka High Court granted 90-day parole to a man from Ramanagara district, who is serving a life sentence in a murder case, to oversee agricultural activities of the land standing in the name of his father. He moved the high court, questioning the endorsement dated September 23, 2024, issued by the prison authorities, without considering his request for …

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny
9 months, 2 weeks ago

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny

The Hindu  

The High Court of Karnataka directed the prison authorities to release a convict on parole for 30 days on the petition filed by his wife, who has complained that she has been deprived of her conjugal right to have progeny. She married him on April 11, 2023, after the court granted him parole for 15 days from April 5 to …

Punjab and Haryana HC says no parole to Dera chief without its nod
1 year ago

Punjab and Haryana HC says no parole to Dera chief without its nod

New Indian Express  

CHANDIGARH: The Punjab and Haryana High Court on Thursday instructed the Haryana government to refrain from granting further parole to Dera Sacha Sauda chief Gurmeet Ram Rahim Singh without obtaining the court’s permission. The court ordered Singh to surrender on March 10 and directed the state authorities not to consider his case for further parole without the court’s permission. Additionally, …

Karnataka HC Refuses Parole To Serial Killer Umesh Reddy, Says Competing Public Interest Can't Be Ignored Especially In Case Of Life Convict
1 year ago

Karnataka HC Refuses Parole To Serial Killer Umesh Reddy, Says Competing Public Interest Can't Be Ignored Especially In Case Of Life Convict

Live Law  

The Karnataka High Court has said that in cases where the convicts are undergoing life imprisonment, competing public interest cannot be ignored while considering their application seeking parole. “The Apex Court directed that the petitioner cannot claim remission till he completes 30 years which will not come in his way of seeking parole in justifiable circumstances,” he argued. The petitioner …

Accused Can't Be Denied Right To File SLP On Ground Of Unsatisfactory Jail Conduct: Delhi High Court Grants Parole
1 year, 2 months ago

Accused Can't Be Denied Right To File SLP On Ground Of Unsatisfactory Jail Conduct: Delhi High Court Grants Parole

Live Law  

The Delhi High Court has observed that the right to effectively pursue legal remedy by filing Special Leave Petition in the Supreme Court, which is the last hope for availing justice, cannot be denied to an accused on the ground of “unsatisfactory conduct.”Justice Swarana Kanta Sharma said that such a right cannot be withheld or the remedy denied to an …

Convicts Too Must Breathe Fresh Air For At Least Some Time Provided They Maintain Good Conduct: HP High Court On Parole
1 year, 2 months ago

Convicts Too Must Breathe Fresh Air For At Least Some Time Provided They Maintain Good Conduct: HP High Court On Parole

Live Law  

Underscoring the importance of rehabilitation and societal reintegration for convicts, the Himachal Pradesh High Court has granted parole to a prisoner, emphasizing that even those convicted of serious crimes deserve a chance to breathe fresh air and demonstrate their commitment to reform. In allowing a plea seeking parole Justices Tarlok Singh Chauhan and Bipin Chander Negi observed, “Convicts too must …

Parole May Be Refused Even To An Eligible Prisoner For Cogent Reasons: Kerala High Court
1 year, 7 months ago

Parole May Be Refused Even To An Eligible Prisoner For Cogent Reasons: Kerala High Court

Live Law  

In an important ruling, the Kerala High Court held that prisoners do not have an inherent right to claim parole or leave and that the right to seek temporary release is contingent on meeting the statutory conditions under the Prisons Act and Rules and the discretion to grant or deny such release lies with the competent authority. A Division Bench …

Meeting One's Family Most Important Facet Of Right To Life: P&H High Court Grants 8 Weeks Parole To NDPS Convict
2 years, 4 months ago

Meeting One's Family Most Important Facet Of Right To Life: P&H High Court Grants 8 Weeks Parole To NDPS Convict

Live Law  

Meeting one's family is one of the most important facets of right to life and thus, said ground for parole is legal and valid and in accordance with law, the Punjab and Haryana High Court has observed. The single bench of Justice Vikas Bahl set aside the impugned order and allowed for the petitioner to be released on parole for …

POCSO Convict Serving Life Sentence Granted 15-Day Parole By Rajasthan High Court For The Purpose Of Progeny
2 years, 5 months ago

POCSO Convict Serving Life Sentence Granted 15-Day Parole By Rajasthan High Court For The Purpose Of Progeny

Live Law  

The Rajasthan High Court on Friday granted 15-day parole to a life convict on a petition filed by his wife, who is issueless and is desirous of retaining/maintaining her marriage with the convict and preserving her lineage.The bench of Justice Sandeep Mehta and Justice Sameer Jain took into account the young age of the convict-petitioner and ordered to release him …

Parole | Humanist Approach Needs To Be Taken To Encourage Offenders To Demonstrate Commitment To Society: Delhi High Court
2 years, 10 months ago

Parole | Humanist Approach Needs To Be Taken To Encourage Offenders To Demonstrate Commitment To Society: Delhi High Court

Live Law  

The Delhi High Court has observed that while granting parole, a humanist approach needs to be taken affording convicts an opportunity to resolve their personal and family issues and to encourage offenders to demonstrate a commitment in relation to the society.Justice Anoop Kumar Mendiratta also added that that parole is a relief granted by the State which goes a long …

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre
3 years, 3 months ago

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre

Live Law  

The Himachal Pradesh High Court this week asked the Central Government as to whether the provisions of Family Courts Act 1984 have been made applicable by way of issuance of a statutory notification vis-à-vis the State of Himachal Pradesh or not.Essentially, the Bench of Justice Ajay Mohan Goel was hearing a criminal revision plea when the counsel for the petitioner …

Parole A Privilege Granted By State To Prisoners, Can't Be Clipped For Vague Reasons: Punjab & Haryana High Court
3 years, 8 months ago

Parole A Privilege Granted By State To Prisoners, Can't Be Clipped For Vague Reasons: Punjab & Haryana High Court

Live Law  

Granting parole to a murder convict, the Punjab & Haryana High Court last week observed that parole is a privilege granted by the state to the prisoners, and the same cannot be clipped for vague reasons. The bench of Justice Ritu Bahri and Justice Archana Puri was hearing a plea filed by one Mohammad Sabir, a convict in murder and …

"Can Authorities Visit Jail Premises At Regular Intervals To Dispose Of Parole Applications?" Punjab And Haryana High Court Asks Punjab Govt.
4 years, 1 month ago

"Can Authorities Visit Jail Premises At Regular Intervals To Dispose Of Parole Applications?" Punjab And Haryana High Court Asks Punjab Govt.

Live Law  

While dealing with a case wherein there was an inordinate delay in deciding the parole application of the petitioner, the Punjab & Haryana High Court on Tuesday asked the Punjab Government if a Mechanism could be worked out so that such applications are decided at the earliest. He was also asked by the Court whether any mechanism can be worked …

For Parole, Inmate Can't Claim Parity With Co-Convicts In FIR: P & H HC Says 'Subjective Satisfaction' To Be Arrived At By Police, DM [Read Order]
4 years, 6 months ago

For Parole, Inmate Can't Claim Parity With Co-Convicts In FIR: P & H HC Says 'Subjective Satisfaction' To Be Arrived At By Police, DM [Read Order]

Live Law  

The Punjab and Haryana High Court has ruled that for being released on parole, the convict "cannot claim parity with his co-convicts in the FIR" for the "role played by each accused in the crime cannot be exactly identical". Noting that the nature and gravity of the offences in other cases in which such accused/convict is involved is also to …

Prisoners Can Approach Legal Services Authority If Jail Supdt Does Not Register Parole Application: Punjab & Haryana HC [Read Judgment]
6 years, 7 months ago

Prisoners Can Approach Legal Services Authority If Jail Supdt Does Not Register Parole Application: Punjab & Haryana HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court recently reiterated the timelines prescribed for grant of parole to offenders.Justice Rakesh Kumar Jain noted that even though a timeline had been laid down for disposal of pending parole and furlough applications, it was not being followed. He observed, “As a matter of fact, as it has generally been seen by this Court that …

Prisoners Can Approach Legal Services Authority If Jail Supdt Does Not Register Parole Application: Punjab & Haryana HC [Read Judgment]
6 years, 7 months ago

Prisoners Can Approach Legal Services Authority If Jail Supdt Does Not Register Parole Application: Punjab & Haryana HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court recently reiterated the timelines prescribed for grant of parole to offenders.Justice Rakesh Kumar Jain noted that even though a timeline had been laid down for disposal of pending parole and furlough applications, it was not being followed. He observed, “As a matter of fact, as it has generally been seen by this Court that …

Reasons For Rejecting Plea For Parole & Appeal Thereafter Can’t Be Different: Bombay HC [Read Judgment]
7 years, 7 months ago

Reasons For Rejecting Plea For Parole & Appeal Thereafter Can’t Be Different: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently allowed a writ petition filed by an inmate currently lodged in Taloja Central Prison, holding that reasons for rejecting his application for parole and the reasons for dismissing the appeal were not in consonance with each other and entirely different reasons are stated in both the orders.A bench of Justice VK Tahilramani and Justice SK …

It Is The Duty Of Court To Ensure That Decree Holder Doesn’t Suffer Indefinitely: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

It Is The Duty Of Court To Ensure That Decree Holder Doesn’t Suffer Indefinitely: Himachal Pradesh HC [Read Judgment]

Live Law  

‘It is often said that litigation in this country, particularly on the Civil side, commences only after obtaining a decree while executing,’ it said.Justice Tarlok Singh Chauhan of the Himachal Pradesh High Court, while disposing of a second appeal, made a pertinent observation with regard to the avoidable delay occurring in the matter of disposing civil cases. ‘It is often …

It Is The Duty Of Court To Ensure That Decree Holder Doesn’t Suffer Indefinitely: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

It Is The Duty Of Court To Ensure That Decree Holder Doesn’t Suffer Indefinitely: Himachal Pradesh HC [Read Judgment]

Live Law  

‘It is often said that litigation in this country, particularly on the Civil side, commences only after obtaining a decree while executing,’ it said.Justice Tarlok Singh Chauhan of the Himachal Pradesh High Court, while disposing of a second appeal, made a pertinent observation with regard to the avoidable delay occurring in the matter of disposing civil cases. ‘It is often …

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