“Release on parole is not an absolute right”
11 years ago

“Release on parole is not an absolute right”

The Hindu  

The Nagpur Bench of the Bombay High Court recently rejected 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. “Thus, in case of serious illness, delivery of a pregnant woman prisoner or in case of house collapse, floods, fire or earthquake, a prisoner if released on parole can seek extension of the period of parole if the contingencies so warrant up to a period of 90 days. “According to the previous rules, a prisoner would have been allowed to apply for parole twice a year. Thereafter, he could make another application only after a year of the expiry of his previous parole,” advocate Sait said.

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History of this topic

Convicts facing life sentences must be considered for prison leave: High Court
1 month, 2 weeks ago

Convicts facing life sentences must be considered for prison leave: High Court

India Today  

The Bombay High Court on Wednesday emphasised that a life convict cannot be permanently denied consideration for furlough leave, stating that at some point, such prisoners must be granted the opportunity for temporary release. Furlough is a kind of leave from prison that every prisoner is entitled to and is given to them to typically maintain family ties or address …

Prisoners entitled to full annual furlough leave if it spills over into next year due to delay: HC
3 months, 3 weeks ago

Prisoners entitled to full annual furlough leave if it spills over into next year due to delay: HC

Hindustan Times  

MUMBAI: The Bombay high court recently clarified that prisoners are entitled to full furlough leave of 28 days every calendar year, even if part of their leave spills over into the following year due to delays on the part of the jail administration. Prisoners entitled to full annual furlough leave if it spills over into next year due to delay: …

Denying Furlough Just Because Convict Is Unmarried Is Not A Good Ground: Bombay High Court
7 months, 2 weeks ago

Denying Furlough Just Because Convict Is Unmarried Is Not A Good Ground: Bombay High Court

Live Law  

The Nagpur bench of the Bombay High Court recently observed that the jail authorities cannot deny furlough or parole leaves to a convict merely on the ground that s/he is young and is unmarried and thus might flee and not return to the prison. A division bench of Justices Vibha Kankanwadi and Vrushali Joshi on August 1, ordered the Special …

Prisoner Has Right To Seek Furlough Even If He Is Not Eligible For Sentence Remission : Supreme Court
2 years, 10 months ago

Prisoner Has Right To Seek Furlough Even If He Is Not Eligible For Sentence Remission : Supreme Court

Live Law  

The Supreme court observed that eligibility for getting remission is not a pre-requisite for obtaining furlough.The whole of the scheme of granting furlough is based on the approach of reformation and as incentive for maintaining good conduct, the bench comprising Justices Dinesh Maheshwari and Aniruddha Bose observed.BackgroundDirector General of Prisons, Prison Headquarters, Tihar declined. Right to seek furlough is foreclosed …

'Provisions Of Parole/ Furlough Structured On Humanistic Grounds': Karnataka High Court Partly Allows Murder Convict's Plea
3 years, 4 months ago

'Provisions Of Parole/ Furlough Structured On Humanistic Grounds': Karnataka High Court Partly Allows Murder Convict's Plea

Live Law  

The Karnataka High Court has said the provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in jails for long. Justice Krishna S Dixit, while partly allowing a petition filed by the wife of a murder convict seeking parole leave for attending his daughter's marriage said, "One cannot forget every saint had a past and …

Difference Between 'Parole' and 'Furlough' : Supreme Court Explains
3 years, 5 months ago

Difference Between 'Parole' and 'Furlough' : Supreme Court Explains

Live Law  

The Supreme Court has discussed the differences between 'furlough' and 'parole' and the principles relating to grant of them.A bench comprising Justice DY Chandrachud and Justice BV Nagarathna stated the broad principles as : Furlough and parole envisage a short-term temporary release from custody; While parole is granted for the prisoner to meet a specific exigency, furlough may. A bench …

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
4 years, 3 months ago

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

Live Law  

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 …

Parole, Furlough Not Absolute Right; Not To Be Given To Terrorists, Hardened Criminals: MHA To States
4 years, 6 months ago

Parole, Furlough Not Absolute Right; Not To Be Given To Terrorists, Hardened Criminals: MHA To States

News 18  

New Delhi: The Ministry of Home Affairs said on Friday the release of prisoners on parole and furlough is not an absolute right and should be on the basis of well-defined norms of eligibility, and directed states that those involved in terrorism and other heinous crimes should not be allowed to go out of jails. In a communication to all …

Convict Confined In Open Prison Can Be Released On Furlough Without Surety From Relatives: Bombay HC [Read Judgment]
6 years, 8 months ago

Convict Confined In Open Prison Can Be Released On Furlough Without Surety From Relatives: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that a convict confined to open prison can be released on furlough by the sanctioning authority by doing away with the requirement of execution of bond by the relatives of the convict.The bench of Justice PN Deshmukh and Justice MG Giratkar of the Nagpur bench followed the decision of a full bench of the …

Convict Confined In Open Prison Can Be Released On Furlough Without Surety From Relatives: Bombay HC [Read Judgment]
6 years, 8 months ago

Convict Confined In Open Prison Can Be Released On Furlough Without Surety From Relatives: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that a convict confined to open prison can be released on furlough by the sanctioning authority by doing away with the requirement of execution of bond by the relatives of the convict.The bench of Justice PN Deshmukh and Justice MG Giratkar of the Nagpur bench followed the decision of a full bench of the …

Inmates Of Open Prison Can Be Released On Furlough Without Surety: Bombay HC [Read Judgment]
7 years, 7 months ago

Inmates Of Open Prison Can Be Released On Furlough Without Surety: Bombay HC [Read Judgment]

Live Law  

The Nagpur bench of the Bombay High Court has upheld the decision of a full bench of the high court that held that under the Prisons Rules, 1959, a convict confined in an open prison can be released on parole or furlough by the sanctioning authorities without surety.An open prison is a minimum-security prison that essentially was conceived to reward …

Inmates Of Open Prison Can Be Released On Furlough Without Surety: Bombay HC [Read Judgment]
7 years, 7 months ago

Inmates Of Open Prison Can Be Released On Furlough Without Surety: Bombay HC [Read Judgment]

Live Law  

The Nagpur bench of the Bombay High Court has upheld the decision of a full bench of the high court that held that under the Prisons Rules, 1959, a convict confined in an open prison can be released on parole or furlough by the sanctioning authorities without surety.An open prison is a minimum-security prison that essentially was conceived to reward …

Bombay HC upholds denial of furlough to prisoners convicted of specified offences including kidnapping [Read Judgment]
8 years, 10 months ago

Bombay HC upholds denial of furlough to prisoners convicted of specified offences including kidnapping [Read Judgment]

Live Law  

Bombay High Court has upheld the 2012 amendment to Prisons Rules, which states that Prisoners convicted for offences such as kidnapping, smuggling and other specified offences shall not be considered for release on furlough.A prisoner who was convicted for committing the offence of kidnapping had challenged the notification amending the Furlough and Parole. Bombay High Court has upheld the 2012 …

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