B. S. WALIA, LALIT BATRA
Avdesh Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. B.S. Walia, J. (Oral)
Prayer in the petition under Article 226 of the Constitution of India is for the setting aside of order Annexure P/2 dated 22.11.2022, passed by the District Magistrate, Sri Muktsar Sahib, i.e. respondent No.3 rejecting under section 6 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act'), the application of the petitioner for release on eight weeks parole on the ground that if the petitioner is released on parole he can indulge in activities of selling drugs which can give bad affect to the young generation besides on account of apprehension of breach of peace.
2. A perusal of the paperbook reveals that the petitioner was convicted in case FIR No.3 dated 04.01.2019, under section 22, NDPS Act, Police Station City Sri Muktsar Sahib and was sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay fine of Rs.1,50,000/-, vide judgment dated 19.08.2021, passed by the learned Sessions Judge, Sri Muktsar Sahib and at present the petitioner is confined in District Jail, Sri Muktsar Sahib.
3. On 21.12.2021, the petitioner applied for eight weeks parole along with panchayatnama in terms of Secti
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
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 is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
The main legal point established in the judgment is that the rejection of parole should be based on solid reasons and material, and not on surmises and conjectures. The court emphasized the right to ....
The court established that denial of parole requires substantial evidence of potential danger to public order, not just apprehensions based on prior convictions.
The decision to grant or deny parole must be based on relevant evidence and material, and reasons for the decision must be recorded to ensure transparency and justice.
Granting parole is not a vested right of a convict prisoner and can be refused based on the prisoner's conduct and the circumstances of the case.
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.
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