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V. M. DESHPANDE, AMIT B. BORKAR
Aakash – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
AMIT BORKAR, J. - Heard.
2. RULE. Rule made returnable forthwith.
3. By this petition under Article 226 of the Constitution of India, the petitioner is challenging order dtd. 4/12/2021 refusing to release the petitioner on regular parole on the ground that the petitioner is not eligible for being released under Rule 4(2) and 4 (13) of the Prisons (Bombay Furlough and Parole) Rules, 1959 (in short 'the Rules of 1959').
4. The petitioner is a convict for the offences punishable under Ss. 302, 364, 397, 201 of the Indian Penal Code and is directed to suffer imprisonment for life. The petitioner is undergoing his imprisonment in Amravati jail
5. The petitioner on 24/9/2021 filed an application seeking his release on regular parole on the ground that the mother of the petitioner is suffering from a serious illness. The respondent No.1, by impugned order, rejected the application for regular parole on the ground that the petitioner is not eligible for being released on regular parole. The petitioner has therefore filed present petition challenging the said order.
6. This Court on 16/2/2022 directed the respondents to file reply. In pursuance of which the respondent No.2 has filed
The main legal point established is that eligibility for regular parole under the Rules of 1959 is determined by the completion of stipulated sentence and the absence of disqualification under the sp....
The main legal point established in the judgment is that a prisoner who has completed the stipulated sentence for a specific offence is eligible for regular parole, and adverse reports without suppor....
Eligibility for parole may be reconsidered in emergency situations despite prior furlough, aligning with judicial precedents.
The main legal point established in the judgment is the eligibility for parole under the Delhi Prison Rules-2018, specifically focusing on the petitioner's failure to fulfill the conditions of furlou....
The main legal point established in the judgment is the entitlement of a convict to furlough after completing a certain period of imprisonment as per Rule 3(C) and the objectives of furlough as per R....
Denial of parole must be based on substantial evidence related to security and public order; mere speculative fears are insufficient to withhold a convict's eligibility.
Parole is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
The court ruled that parole is a privilege, not a right, and must be granted based on satisfactory conduct and compliance with established rules.
The legal principle established is that parole should not be denied based on mere assumptions and there should be sufficient material to support the rejection.
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