ANUPINDER SINGH GREWAL, KIRTI SINGH
Jagtar Singh Tara – Appellant
Versus
UT Administration – Respondent
JUDGMENT
Mr. Anupinder Singh Grewal, J. (Oral)
The petitioner is seeking 'in custody parole' under Section 3(l)(b) r/w (d) of the Punjab Good Conduct Prisoners (Temporary) Release Act, 1962 to attend the marriage of his niece on 03.12.2023 from 10.00 am to 03.00 pm.
2. Learned counsel for the petitioner submits that the petitioner had earlier been granted 'in custody parole' to attend the bhog ceremony of his brother-Jaswinder Singh in April, 2023 and did not misuse its concession. The marriage of the niece of the petitioner, who is the daughter of his late brother-Jaswinder Singh, is to take place on 03.12.2023 at Venue Hotel, Grand Orchard, Ropar-Kurali Road; the Anand Karaj ceremony will be performed at Gurudwara Sahib village Mughal Majri, Rupnagar between 10.00 am to 12.00 noon and therefore, it is necessary for the petitioner to be present at the marriage and to perform ceremonies as a father to the bride. He has referred to a copy of the invite at Annexure P-2.
3. Issue notice to the respondents. Mr. Manish Bansal, Public Prosecutor, UT, Chandigarh and Mr.Rajiv Vij, Addl. P.P., UT, Chandigarh, accept notice on behalf of respondents No. 1 to 3/UT, Chandigarh. Mr. Rajeev Anand,
The court can grant 'in custody parole' for familial obligations even when the petitioner has a serious conviction.
The court has the discretion to grant parole based on the necessity for the petitioner to perform certain ceremonies for his son's marriage.
The restriction of one year imprisonment after conviction to be eligible for temporary release on parole cannot supersede the substantive provisions of the Good Conduct Prisoners (Temporary Release) ....
Emergency parole can be granted to convicts for significant family events when circumstances justify it.
The Court established the right to emergency parole based on exceptional family circumstances under the Kerala Prisons Rules.
The court upheld the right to emergency parole for family events while ensuring necessary security measures.
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