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DEEPAK MANCHANDA
Gagandeep Singh @ Peeta – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. emergency parole for funeral attendance. (Para 1 , 2 , 3) |
| 2. verification of family details and state compliance. (Para 4 , 5) |
| 3. procedure and conditions for granting temporary release. (Para 6 , 8) |
| 4. court's reasoning for granting exceptional parole. (Para 7 , 9) |
| 5. writ of mandamus issued for release on parole. (Para 10) |
JUDGMENT
Deepak Manchanda, J. (Oral)
This petition has been filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C for issuance of directions to the respondents for releasing the petitioner for 15 days on emergency parole under Section 3 (1)(d) of the Punjab Good Conduct Prisoners(Temporary Release) Act 1988 to enable him to meet his mother, who is at her last stage and is in serious condition, suffering from diabetic nephropathy/CKD/S. Anemia.
2. This petition had been filed on 20.04.2003 seeking the aforesaid relief. But during the arguments learned counsel for the petitioner on instructions from his client submits that the mother of the petitioner has unfortunately expired yesterday and he prays that the petitioner be allowed to attend the funeral ceremony as well as the mourning rituals of his mother. Learned couns
Convict entitled to emergency parole for grandmother's post-funeral rites under prison rules.
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.
Parole cannot be denied based on mere likelihood of committing a crime, and the release should not be refused on mere generalization without specific evidence of endangering the security of the State....
The main legal point established in the judgment is that the rejection of parole should be based on solid reasons and material, and not on surmises and conjectures. The court emphasized the right to ....
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