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KIRTI SINGH, ANUPINDER SINGH GREWAL
Pankaj – Appellant
Versus
State of Haryana – Respondent
Judgment
Mr. Anupinder Singh Grewal, J.
The petition has been filed for grant of parole for two months to the petitioner on the ground of pregnancy of his wife.
2. Learned counsel for the petitioner submits that the petitioner had earlier been granted parole for two months as his wife was at an advanced stage of pregnancy. He had surrendered on 16.11.2023 but the due date of delivery is 24.12.2023. He further submits that the prayer in this petition has erroneously been mentioned as extension of parole but it may be treated as a petition for emergency parole. He also submits that the petitioner, who had been convicted for the commission of an offense punishable under Sections 302, 367, 34 IPC and sentenced to undergo rigorous imprisonment for life, has undergone an actual sentence of 04 years, 04 months & 20 days. The petitioner was involved in another case but he has been acquitted in that case. He besides his wife, has 11 years old daughter and it would be difficult for them to look after the new born child.
3. Learned State Counsel has filed status report by way of an affidavit of Bhupinder Singh, Dy. Superintendent, District Jail, Yamuna Nagar wherein it is stated that it has been
Emergency parole may be granted under specific law provisions, considering the immediate family circumstances.
The court mandates timely decisions on parole applications under the Rajasthan Prisoners Release on Parole Rules, emphasizing the urgency of humanitarian grounds such as a wife's delivery.
Humanitarian grounds can justify the granting of emergent parole for a prisoner due to the delivery of their spouse, overriding strict adherence to existing rules.
Sentence of Life - Entitlement of parole - Parole cannot be denied to the petitioner merely because he has been sentenced for life.
The right to procreation and parenthood is protected under Article 21 of the Constitution, and prior misconduct should not negate a convict's current compliance and genuine needs for parole.
Parole may be granted on humanitarian grounds when family members are suffering from serious health conditions, despite the petitioner's conviction.
A court may grant parole if significant qualifying circumstances exist, such as caring for a seriously ill family member.
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