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VINAY JOSHI, VALMIKI SA MENEZES
Shoyab Mehtab Ali – Appellant
Versus
Divisional Commissioner – Respondent
JUDGMENT
Vinay Joshi, J. - Considering the controversy involved in the matter, and by consent of the learned Counsel appearing for the respective parties, Criminal Writ Petition is taken up for final disposal at the stage of admission by issuing Rule, making the same returnable forthwith.
2. The petitioner has challenged the order dated 14.07.2020 passed by respondent no.1 Divisional Commissioner, Amravati Division, Amravati rejecting grant of regular parole in terms of Rule 19[3] of the Maharashtra Prison (Parole and Furlough) Rules. The petitioner was convicted for the offence punishable under Sections 302 and 397 of the Indian Penal Code (I.P.C.). He was ordered to undergo imprisonment for life for the offence punishable under Section 302 of the I.P.C. and to undergo rigorous imprisonment for 10 years for the offence punishable under Section 397 of the I.P.C.
3. The petitioner has sought regular parole on account of serious illness of his father. In support of said contention he has produced medical certificate. The petitioner is in jail from 30.06.2013, and thus according to him, including the period of set off and remission, he has undergone sentence for 10 years, therefore eligi
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 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 court upheld the DPAC's discretion in denying parole, emphasizing the need for valid concerns regarding law and order and the applicability of the old Parole Rules of 1958.
Releasing authority must independently assess parole applications beyond district non-recommendation; good conduct prisoners entitled to temporary release for family ties despite serious offence, abs....
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 court ruled that parole is a privilege, not a right, and must be granted based on satisfactory conduct and compliance with established rules.
Parole rejection invalid if solely based on offence nature without evidence of threat to state security or public order; releasing authority must independently assess good conduct and reform potentia....
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