Prisoners have the right to attend significant family events, and parole can be granted based on the principles of family rights and the need for prisoner's presence at such events.

Judgment

Mr. Anoop Chitkara, J. :-

1. The petitioner, who is undergoing sentence in the above said FIR, seeks emergency parole to attend bhog ceremony of his father (expired on 26.01.2024), which is stated to be on 11.02.2024, by filing the present petition under Article 226/227 of the Constitution of India.

2. On 05.02.2024, when the matter was taken up, this Court had asked the State to verify factum of death of father of the petitioner. Today, the investigator Rajinder Singh, 442 Ludhiana (R), has confirmed the factum of death and also about the bhog ceremony. Although the petitioner is seeking emergency parole by filing the present writ petition, this Court in exercise of powers conferred under Section 482, coupled with the writ jurisdiction under Article 226/227 of Constitution of India, deems it appropriate to grant parole to the petitioner till 15.02.2024.

3. Petitioner’s counsel prays for parole by imposing any stringent conditions. The petitioner contends that the denial of parole would cause an irreversible injustice to the petitioner and family.

4. While opposing the parole, the State does not dispute the factum of the grounds on which the petitioner is seeking parole.

5. A prisoner should not be ordinarily denied the opportunity of attending a significant family event merely because the immediate relatives, in addition to friends and the neighbors, have become accustomed to usually caring for the family members of a person under incarceration and the family is not dependent on the prisoner. The prisoner himself not only longs for presence, cooperation, support, and even financial help of the family but is also expected by the near and dears in return for their support towards his family to reciprocate by attending their sacrosanct family functions, despite such attendance carrying the risk of social boycott or dejection.

6. Without commenting on the case’s merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for emergency parole for a limited period i.e. upto 15.02.2024, subject to the following terms and conditions.

(a). Petitioner to furnish personal bond of Rs. Ten thousand (INR 10,000/); AND

(b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the concerned District Magistrate or any authorised Magistrate in that behalf and in case of non-availability, to any other Magistrate. Before accepting the surety, the concerned officer must satisfy that if the convict fails to surrender back in jail, then such surety can produce him before the court or jail authority.

(c). The petitioner is to also execute a bond for appearance in the concerned jail after expiry of period of parole.

(d). While furnishing personal bond, the petitioner shall mention the following personal identification details:

7. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, ammunition, if any, along with the arms license to the concerned authority within fifteen days from today and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case, provided otherwise permissible in the concerned rules. Restricting firearms would instill confidence in the victim(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeating the offence.

8. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signat