Overstaying Temporary Parole Period Not Bar For Grant Of Permanent Parole Under Rule 14(C) Of Prisoners Rules: Rajasthan High Court
10 months, 3 weeks ago

Overstaying Temporary Parole Period Not Bar For Grant Of Permanent Parole Under Rule 14(C) Of Prisoners Rules: Rajasthan High Court

Live Law  

Rajasthan High Court has recently held that overstaying the temporary parole period cannot be imposed as a bar on availing permanent parole under Rule 14 of Rajasthan Prisoners Rules, 1958. “…there is total non-application of mind by the competent authority while rejecting the application for permanent parole vide order dated 13.02.2024 as this Court in earlier writ petition filed on behalf of the petitioner has observed that overstaying of the petitioner after being released on parole would not fall under Rule 14 of the Rules of 1958…”, the court remarked about the ertswhile division bench order favoring the petitioner, passed on 19.10.2023. The court also censured the state parole committee for rejecting the parole application yet again by wrongly placing reliance on an observation made in a Division Bench Criminal Reference pertaining to Rajasthan Prisoners Open Air Camp Rules, 1972. Criminal Writ Petition, the state had also canvassed about the alleged disqualification incurred by the petitioner by not availing the benefit of three regular paroles before seeking permanent parole.

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History of this topic

No parole to rape convict Ram Rahim without permission: High Court to Haryana
1 year ago

No parole to rape convict Ram Rahim without permission: High Court to Haryana

India Today  

The Punjab and Haryana High Court on Thursday told the Haryana government that rape convict Gurmeet Ram Rahim Singh cannot be granted parole without prior permission from the court. The Shiromani Gurdwara Parbandhak Committee had filed a petition at the High Court opposing the grant of parole to Ram Rahim. While giving instructions to the Haryana government, the court also …

Rajasthan HC Denies Parole To Asaram Bapu Convicted In Rape Case; Cites Bar On Release Under 2021 Parole Rules, Possible Law & Order Situation
1 year, 1 month ago

Rajasthan HC Denies Parole To Asaram Bapu Convicted In Rape Case; Cites Bar On Release Under 2021 Parole Rules, Possible Law & Order Situation

Live Law  

Recently, Rajasthan High Court refused to grant 20 days parole to self-styled godman Asaram Bapu, who is currently serving a life sentence in Central Jail, Jodhpur after two rape convictions in Rajasthan and Gujarat respectively. Petitioner's counsel urged the court to grant parole by citing its earlier decisions where prisoners were released despite getting convicted in another state and serving …

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court
1 year, 3 months ago

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court

Live Law  

The Orissa High Court clarified that the period of special parole availed by prisoners due to the outbreak of the COVID-19 pandemic cannot be counted as a period of imprisonment and thus, while counting the period of imprisonment undergone by a convict, the special parole period has to be excluded. While denying relief to the petitioner who urged the Court …

Rajasthan High Court asks parole committee to reconsider Asaram's plea
1 year, 8 months ago

Rajasthan High Court asks parole committee to reconsider Asaram's plea

India Today  

The Rajasthan High Court on Monday directed the parole committee of Jodhpur Central Jail to reconsider the application of self-styled godman Asaram under the 1958 rules for parole. A bench of justices Vijay Bishnoi and Yogendra Kumar Purohit set aside the decision of the parole committee to reject Asaram's application and directed it to decide it afresh within six weeks. …

Consider Granting Parole To Dacoity-Murder Convict Under Old Rules Applicable At Time Of His Conviction: Rajasthan High Court
1 year, 11 months ago

Consider Granting Parole To Dacoity-Murder Convict Under Old Rules Applicable At Time Of His Conviction: Rajasthan High Court

Live Law  

The Rajasthan High Court on Tuesday directed the State to consider the parole application of a prisoner under the Rajasthan Prisoners Release on Parole Rules, 1958 on the ground that the prisoner was convicted prior to the implementation of the Rajasthan Prisoners Release on Parole Rules, 2021. The division bench of Justice Vijay Bishnoi and Justice Rajendra Prakash Soni observed: …

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 …

Rajasthan High Court Issues Show Cause To District Collector, Jail Superintendent Over Delay In Deciding Convict's Emergent Parole
2 years, 11 months ago

Rajasthan High Court Issues Show Cause To District Collector, Jail Superintendent Over Delay In Deciding Convict's Emergent Parole

Live Law  

The Rajasthan High Court recently issued show cause notice to the Jail Superintendent and the District Collector in Bikaner, seeking their explanation over one month's delay in deciding the emergency parole application of a convict, whose mother had passed away.The bench comprising Justice Sandeep Mehta and Justice Rameshwar Vyas observed that Court has time and again directed the jail as. …

"Inform All Eligible Prisoners Of Their Right To Be Considered For Parole": Rajasthan High Court Directs Jail Superintendents Across State
3 years, 7 months ago

"Inform All Eligible Prisoners Of Their Right To Be Considered For Parole": Rajasthan High Court Directs Jail Superintendents Across State

Live Law  

The Rajasthan High Court on Wednesday directed the Superintendent of jails across the state to inform all eligible prisoners of their right to be considered for being released on parole as soon as their cause becomes ripe. The Bench of Justice Sandeep Mehta and Justice Manoj Kumar Garg issued this direction after noting that a convict petitioner was granted first …

"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 …

Rajasthan HC Upholds Classification Of Prisoners For Release On Parole
4 years, 8 months ago

Rajasthan HC Upholds Classification Of Prisoners For Release On Parole

Live Law  

The Rajasthan High Court on Thursday upheld the classification of convicts, for the purposes of granting parole, on the basis of the nature and gravity of offences committed by them. The division bench comprised by Justice Pankaj Bhandari and Justice Narendra Singh observed, "Special parole can be granted to certain category of prisoners and if benefit is not given to …

Rajasthan HC Allows To Waive The Condition Of Two Sureties For Release Of Prisoners Also Directs Not To Compel Them To Surrender During Lockdown [Read Order]
4 years, 11 months ago

Rajasthan HC Allows To Waive The Condition Of Two Sureties For Release Of Prisoners Also Directs Not To Compel Them To Surrender During Lockdown [Read Order]

Live Law  

Following the track of the Allahabad High Court, the Jaipur bench of the Rajasthan High Court also on Friday waived the condition of furnishing two surety bonds by each inmate for their release on parole, considering these "peculiar circumstances" of a nation-wide lockdown, observing that "else purpose of the order of parole shall frustrate". The High Court also directed the …

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 …

Maharashtra govt puts on hold all parole pleas, irrespective of crime
8 years, 6 months ago

Maharashtra govt puts on hold all parole pleas, irrespective of crime

Firstpost  

The Maharashtra government has reportedly imposed a blanket ban on parole irrespective of the crime. The report also quoted Vijay Satbir Singh, Principal Home Secretary as saying, “We will have a re-look at the procedures that involve granting parole to prisoners. Besides, we will also look into the powers that the authorities concerned have.” Earlier this month, the Maharashtra Governments …

Benefit of Probation of Offenders Act cannot be extended to Accused involved in Crimes against Women; SC [Read the Judgment]
9 years, 10 months ago

Benefit of Probation of Offenders Act cannot be extended to Accused involved in Crimes against Women; SC [Read the Judgment]

Live Law  

Hearing a special leave petition filed by State of Rajasthan, the Supreme Court Bench consisting of Justices Pinaki Chandra Ghose and Uday Umesh Lalit has ruled that the benefit of Probation of Offenders Act cannot be extended to accused involved in crimes against women.The special leave petition came before the Court after the Rajasthan High Court had rejected the appeal …

Bombay High Court says, discharging on parole not an absolute right
10 years, 11 months ago

Bombay High Court says, discharging on parole not an absolute right

Live Law  

While rejecting petitions challenging the validity of the rules restricting a prisoner from applying for parole before the completion of one year from the expiry of his last parole, the Nagpur Bench of the Bombay High Court comprising Justices B.R. Gavai and A.S. Chandurkar observed in their judgment that there was no merit in the challenge to the validity of …

Bombay High Court says, discharging on parole not an absolute right
10 years, 11 months ago

Bombay High Court says, discharging on parole not an absolute right

Live Law  

While rejecting petitions challenging the validity of the rules restricting a prisoner from applying for parole before the completion of one year from the expiry of his last parole, the Nagpur Bench of the Bombay High Court comprising Justices B.R. Gavai and A.S. Chandurkar observed in their judgment that there was no merit in the challenge to the validity of …

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