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LISA GILL, RITU TAGORE
Mandep @ Motha – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. quashing of parole denial order. (Para 1 , 2 , 3) |
| 2. arguments presented by parties. (Para 4 , 5) |
| 3. court's analysis on parole considerations. (Para 6 , 7 , 8 , 10) |
| 4. legal standards for denying parole. (Para 9) |
| 5. order for reconsideration of parole. (Para 11) |
JUDGMENT
Lisa Gill, J.
Prayer in this petition is for quashing of order dated 10/13.03.2023 (Annexure P-1), passed by respondent No.2-Divisional Commissioner, Karnal Division, Karnal, whereby petitioner's request for grant of parole for ten weeks has been rejected.
2. Petitioner has been convicted and sentenced to undergo life imprisonment in FIR No.56 dated 21.02.2014 under Sections 302 /120-B IPC and Section 25 of the ARMS ACT . Appeal against the said conviction and sentence is pending before this High Court.
3. Petitioner has applied for ten weeks' parole to meet his family members. Same has been rejected by respondent No.2 vide impugned order dated 10/13.03.2023. Aggrieved therefrom, present petition has been filed.
4. Learned counsel for the petitioner submits that impugned order dated 10/13.03.2023 is clearly unsustainable as it has been passed on considerations alien to the specific provisions of law. P
The reformative nature of parole and the need for solid reasons to decline temporary release.
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 cannot be denied based on mere likelihood of committing a crime, and the release should not be refused on mere generalization without specific evidence of endangering the security of the State....
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