Back
RAMESH SINHA, SANJAY K. AGRAWAL
Moolchand Rathor, S/o. Shri Ramjiyavan Rathor – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. The petitioners are convicts and undergoing sentences for commission of offence in Central Jail, Bilaspur and they were admitted to the privilege of parole in accordance with the Chhattisgarh Prisoner’s Leave Rules, 1989 (for short “the Rules of 1989”) on 29.03.2020 and they were required to surrender on 22.04.2020, on completion of their period of parole, however, in the meanwhile, corona pandemic stepped in and the period of parole was extended by the order of this Court passed in W.P. (PIL) No.27/2020. During the extended period of parole, the respondent No.6 herein Keshav Prasad Rathor filed W.P.(CR) No.488/2020 before this Court seeking cancellation of parole granted to the petitioners herein, which petition was disposed off by this Court giving liberty to the said respondent to move an application for cancellation of parole before the concerned District Magistrate and the concerned District Magistrate was directed to consider the application in accordance with law by order dated 04.11.2020 and accordingly, the application for cancellation of parole was filed by the petitioner therein before the District Magistrate, Gourela-Pendra-Marwahi, respon
Granting parole is not a vested right of a convict prisoner and can be refused based on the prisoner's conduct and the circumstances of the case.
Parole is a privilege granted by the state and can be refused based on intelligible differentia and with a nexus to the object of the rules. It is not a vested right of prisoners and can be refused i....
Parole is a privilege granted by the state and can be refused if refusal is based on intelligible differentia and has a nexus to the object of the rules.
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.
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
