JUDGMENT (ORAL)

A.K. Sikri, J. — In these writ petitions, the petitioners have challenged the vires of Clause-10 (under the heading “Regular Parole”) of the Parole/Furlough Guidelines, 2010.

2. Clause10 which is the bone of contention in these petitions, reads as under:

“It is clarified that where an appeal of a convict is pending before the High Court, parole will not be granted since the convict can seek appropriate orders from the High Court.”

Thus, once the appeal against conviction is pending in this Court. Government is disentitled from considering the application for Regular Parole.

3. The grounds on which the validity of the aforesaid Clause is questioned are two fold. It is argued that regular parole is denied during pendency of appeal before this Court for the reason of .the convict being able to seek appropriate orders from this Court; however the considerations which prevail in granting suspension of sentence or interim bail during pendency of appeal are entirely different from considerations for grant of regular parole viz. to maintain family and social ties, serious illness of a family member, critical, conditions in the family on account of accident or death of a