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GURVINDER SINGH GILL
Mahender @ Patwari – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. request for parole based on familial obligations. (Para 1) |
| 2. arguments regarding the application for parole. (Para 2 , 3) |
| 3. court's consideration of previous conduct and parole history. (Para 4 , 5) |
| 4. directions to consider parole application sympathetically. (Para 6 , 7) |
| 5. procedural order for communication of the decision. (Para 8) |
JUDGMENT
Gurvinder Singh Gill, J. (Oral)
The Petitioners have approached this Court seeking grant of parole for 4 weeks so as to participate and attend the marriage of real brother of Petitioner No.1 and who is brother-in-law of Petitioner No.2, as both the Petitioners are husband and wife.
2. Learned counsel for the Petitioners has submitted that although the Petitioners had approached the jail authorities on 03.1.2023 and had requested to fill-up the Proforma (Form A-1) for grant of parole, but Superintendent, District Jail, Yamuna Nagar, did not accede to the request and consequently, the Petitioners have been constrained to approach this Court. Learned counsel has submitted that apparently their request had been orally declined since on an earlier occasion the Petitioners were declined furlough vide order dated 16.12.2022 on the pre
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 right to procreation and parenthood is protected under Article 21 of the Constitution, and prior misconduct should not negate a convict's current compliance and genuine needs for parole.
Parole applications from family members should be considered individually, and the simultaneous applications of related convicts cannot be a valid reason for denying parole.
The paramount importance of the father's presence in family rituals and events, as well as compliance with custody certificates, can be considered in granting custody parole under The Haryana Good Co....
The concession of parole to a convict is regulated by the statute and the authorities thereunder cannot act arbitrarily and capriciously.
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