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B. S. WALIA, LALIT BATRA
Rajat – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petition for parole under section 11(6). (Para 1) |
| 2. explanation of section 11(6) provisions. (Para 2) |
| 3. prior case citations affecting parole approval. (Para 3) |
| 4. court's view on co-convicts and parole. (Para 4 , 5) |
| 5. order to reconsider parole application. (Para 6) |
| 6. conclusion and final decision on the petition. (Para 7) |
JUDGMENT
B.S. Walia, J. (Oral)
Prayer in the petition under Articles 226/227 of the Constitution of India read with Section 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, is for the issuance of a writ of certiorari for quashing order Annexure P/1 dated 22.02.2023, passed by the Superintendent, District Jail, Karnal, declining grant of regular parole to the petitioner for ten weeks on the ground that the parole case of co-convict, Akshay Mastana had been forwarded to the relevant authorities, which was pending adjudication, therefore, as per the provisions of Section 11 (6) of the Act ibid, the parole case of the petitioner could not be initiated.
2. As per paragraph No.4 of the preliminary submissions of the reply dated 12.04.2023, it has been mentioned that "in reference to grant of parole to the prisoner, it is intimated
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....
Court emphasized balancing public safety and convict rehabilitation in granting parole; relaxation of rules permitted based on individual case merits.
The court emphasized the necessity for authorities to make timely decisions on parole applications, presuming favorability when delays occur, as established under the Haryana Good Conduct Prisoner’s ....
The Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 governs parole applications made after its enactment, irrespective of the timing of the underlying offences.
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