Once A Prisoner Obtains Custody Parole In A Case, He Need Not Obtain Permission From Every Court Where He Has Been Convicted Or Is Pending Trial: Delhi HC

The Delhi High Court recently made it clear that once a prisoner obtains custody parole in a particular case, he does not need to procure separate custody parole orders from every other court which has either convicted him or where he is pending trial. While answering in the negative, the Court referred to a judgement given by the Division Bench of Delhi High Court in the case of Court on its own motion v. State, dated 20.01.2020, where it was held, "since the custody parole is for a limited period, it is not required, that the accused has to obtain custody parole from each and every concerned trial court and as such no permission is required from other concerned courts before sending the under-trial on custody parole." The Court also stated, "Though the grant of 'custody parole' would in ordinary circumstances be unexceptionable, even custody parole is not a matter of right." It further laid down the relevant considerations that have to be kept in mind while granting or denying custody parole: The verified existence of exceptional personal circumstances, which warrant the grant of the guarded liberty of 'custody parole'; The assurance that the grant of 'custody parole' will not compromise the prisoner's judicial custody; the prisoner's own safety or the safety of others; and/or subvert or prejudice the legal process in some other way ; and The court must also never lose sight of the fact that the length of time for which 'custody parole' is granted is ultimately of no consequence, whether it be for short duration or long, if there is palpable and significant risk on any of the counts referred to in Related News: The Uttarakhand High Court, in a 2018 judgement, had stated, "When a detainee seeks parole or custody parole to perform some rituals to be performed on his part towards his family, the concerned authority should immediately take appropriate decision for grant of parole/custody parole."