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GURVINDER SINGH GILL
Deepak Kumar – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. basis of petitions for parole. (Para 1 , 2 , 3) |
| 2. arguments favoring parole as reformatory. (Para 4 , 5 , 6) |
| 3. state's arguments on parole restrictions. (Para 7 , 8 , 9) |
| 4. provisions of temporary release under relevant laws. (Para 10 , 11 , 12 , 13) |
| 5. distinction between parole and furlough. (Para 14 , 15 , 16 , 22) |
| 6. supreme court's guidelines on parole. (Para 18 , 19 , 20) |
| 7. purpose of parole and familial ties. (Para 24 , 25) |
| 8. court's ruling on entitlement to parole. (Para 27 , 30) |
| 9. final dismissal of petitions. (Para 31 , 32) |
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, a
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....
Releasing authority must independently assess parole applications beyond district non-recommendation; good conduct prisoners entitled to temporary release for family ties despite serious offence, abs....
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....
Parole cannot be denied solely for heinous offence; must be based on endangering state security or public order. Good conduct, agricultural need, local support warrant grant despite non-recommendatio....
Parole cannot be rejected solely for heinous nature of offence; must consider good conduct, reformation tendency, family ties maintenance, and absence of threat to public order or society.
Parole rejection invalid if solely based on offence nature without evidence of threat to state security or public order; releasing authority must independently assess good conduct and reform potentia....
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