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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Kirti Singh, Anupinder Singh Grewal, JJ.
Sandeep – Appellant
Versus
State of Haryana & Ors. – Respondents
CRWP No. 11367 of 2023
Decided On : 07-12-2023
Judgment
Mr. Anupinder Singh Grewal, J.
The petition has been filed for issuance of a writ in the nature of mandamus directing the respondents No. 2 to 5 to release the petitioner on parole of six weeks to enable him to make arrangements for the treatment of his sisters.
2. Learned counsel for the petitioner submits that the petitioner has been convicted and sentenced for a period of 20 years for the commission of an offense punishable under Sections 363, 366-A IPC (Sections 4 & 8 of the POCSO Act added later on) in FIR. No.121 dated 07.06.2016, registered at Police Station City Narwana, Jind. He has undergone sentence of 05 years and is not involved in any other case. He also submits that the sisters of the petitioner, namely, Manju and Paramjeet are suffering from cancer and undergoing treatment. He has referred to the medical record at Annexures P-1 & P-2.
3. Learned State Counsel has filed reply by way of affidavit of Amit Bhatia, HPS, Deputy Superintendent of Police, Narwana, District Jind wherein it is stated that upon enquiry it was found that both the sisters of the petitioner are suffering from cancer and are under treatment in PGIMER, Chandigarh and AIMS, New Delhi. Copy of the medical reports of the sisters have been annexed with the reply as Annexure R-1.
4. In view of the above, specially, when sisters of the petitioner are suffering from cancer, we deem it appopriate to grant parole to the petitioner. The petition is disposed of. The respondents are directed to release the petitioner on parole for a period of four weeks on his furnishing bonds to the satisfaction of the concerned authority. On the expiry of period of parole of four weeks, the petitioner is directed to surrender before the concerned jail authorities.
Parole may be granted on humanitarian grounds when family members are suffering from serious health conditions, despite the petitioner's conviction.
The aim of parole is to provide a chance for prisoners to reintegrate into society and to assess their ability to live as law-abiding citizens, and the court must balance the interests of society and....
The denial of parole based on the availability of free legal aid violated the petitioner's constitutional right to engage a counsel of his choice, and the competent authority has discretion to grant ....
The court may grant temporary parole on compassionate grounds, specifically for the care of an elderly and dependent relative, even if the State opposes it based on pending criminal proceedings, prov....
Sentence of Life - Entitlement of parole - Parole cannot be denied to the petitioner merely because he has been sentenced for life.
The court may grant parole based on the petitioner's conduct and family circumstances, even in cases involving serious offenses.
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