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GURVINDER SINGH GILL
Deepak Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Gurvinder Singh Gill, J.
This order shall dispose off the above mentioned two petitions, which are based on identical facts and identical question of law is involved therein pertaining to temporary release of a convict on 'Parole' under provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, (hereinafter referred to as 'the Act').
2. Brief facts in CRWP-7882-2022 - Deepak Kumar :
The petitioner-Deepak Kumar stands convicted vide judgment dated 13.9.2021 (Annexure P-1) passed by Special Court, Ludhiana for having committed offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, arising out of FIR No. 126 dated 29.9.2016, Police Station Haibowal, District Ludhiana. He was sentenced to undergo rigorous imprisonment for 10 years and was also imposed fine amounting to Rs. 1 lac. The petitioner-Deepak Kumar challanged the said judgment by way of filing an appeal in this Court i.e. CRA-S-1142 of 2021, which is still pending. The petitioner-Deepak Kumar, who is in custody, moved an application seeking parole for six weeks so as to meet members of his family but his application was rejected vide order dated 29.6.2022 (Annexure P-3)
Parole is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
Parole cannot be denied solely based on the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
(1) Grant of furlough must be balanced against public interest and can be refused to certain categories of prisoners.(2) Grant of release on furlough is a discretionary remedy – A prisoner is entitle....
The nature of the offence alone cannot be a sole ground for denying parole. The authorities should consider rehabilitation, continuity of life, and constructive hopes for convicts and prisoners in de....
The main legal point established in the judgment is that the mere conviction for a serious and heinous offence cannot be the sole ground for denying parole, and that parole should be granted by takin....
Parole cannot be denied solely based on the nature of the conviction; maintaining family ties and demonstrating good conduct are paramount for rehabilitation and reform.
Parole cannot be denied solely based on objections from the victim's family; solid evidence is required to substantiate claims of danger or public disorder.
The main legal point established is that the denial of parole should not be solely based on the nature of the offence, and the authorities must consider the rehabilitation and reformation of convicts....
The discretionary nature of parole, the importance of rehabilitation and reformation of convicts, and the need to balance the interests of the convict and the society.
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