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GURVINDER SINGH GILL
Ajmer – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Gurvinder Singh Gill, J. (Oral)
The petitioner assails order dated 16.09.2022 (Annexure P-1) passed by the Divisional Commissioner, Karnal Division, Karnal (respondent No.2) vide which an application moved by the petitioner seeking grant of regular parole for 10 weeks under provisions of Section 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 has been declined.
2. Learned counsel for the petitioner submits that the petitioner's application has been declined vide impugned order solely on the ground that in case the petitioner is released on parole, some untoward incident can happen and on account of which the atmosphere of the society/village would be affected and peace would be hampered. Learned counsel further submits that the petitioner had been granted parole on 7 different occasions previously and had always surrendered back in time and that there is no such allegation or conduct on his part during the last more than 5 years from which it could be inferred that he would hamper peace. Learned counsel for the petitioner in this regard has drawn the attention of this Court to para 3 of the reply on merits filed by the State, wherein the details of th
House repair constitutes 'sufficient cause' for parole under the Good Conduct Act, and specific conditions can be imposed to ensure the safety and security of the victim and her family members during....
Parole is a concession based on good conduct, and authorities have discretion in considering parole requests, especially for 'hardcore prisoners'. The petitioner's conduct during imprisonment, includ....
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
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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