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KULDEEP TIWARI
Brij Lal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Kuldeep Tiwari, J.(Oral): Through the instant writ petition, filed under Article 226/227 of the Constitution of India read with Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, prayer is made for issuance of mandamus upon the official respondents, for grant of two weeks parole to the present petitioner on occasion of marriage of his daughter, which is stated to be fixed for dated 24.05.2024, as he has already made a requisite representation to the authorities concerned on dated 10.04.2024.
2. It transpires from the record that the petitioner for the same cause of action has already approached this Court vide CRWP-2293-2024 which was ordered to be dismissed as withdrawn, vide order dated 14.03.2024, on the request of the then counsel for the petitioner.
3. Learned State counsel has produced a speaking order dated 08.03.2024, passed by a competent jail authority, which reflects that the petitioner had jumped the parole on an earlier occasion, and after registration of the fresh case, he was arrested, and now he is confined in the instant matter, since 26.01.2024, i.e. after a delay of 1043 days, (from the date of reporting back in the ja
A petition for parole cannot be maintained if it is based on previously dismissed claims, especially when the petitioner has a history of parole violations and attempts to conceal relevant informatio....
The court balanced the petitioner's criminal history with the significance of his presence at his daughter's wedding, ultimately granting him emergency parole for the specified dates.
The court upheld the right to emergency parole for family events while ensuring necessary security measures.
The court emphasized the importance of tangible evidence to support decisions regarding parole and considered the petitioner's eligibility for parole under the relevant provisions of The Punjab Good ....
The Court established the right to emergency parole based on exceptional family circumstances under the Kerala Prisons Rules.
Convicts entitled to emergency parole for compelling family events like daughter's marriage under prison rules.
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