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LISA GILL, RITU TAGORE
Mahender – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mrs. Lisa Gill, J. (Oral)
Prayer in this petition is for setting aside order dated 19.04.2022, passed by respondent no.3-Commissioner, Ambala Range, whereby petitioner's request for furlough for three weeks has been rejected.
2. It is observed in the impugned order dated 19.04.2022 that on the basis of report by Superintendent of Police, Sonepat, District Collector, Sonepat has opined that there is possibility of danger to the security of the State or public order due to the release of petitioner as on such release on furlough, petitioner may influence and pressurize witnesses by violating the rules of release, may abscond and commit any cognizable offence. Apart therefrom, it is observed that registration of three other cases against petitioner imply that he is a habitual offender, therefore, application for furlough of three weeks was rejected.
3. Learned counsel for the petitioner argues that petitioner has availed parole on numerous occasions (five times) earlier and has never misused this concession. Petitioner, who it is stated has been continuously in jail for more than four years, had filed the application for furlough before respondent no.5, who found him eligible f
The main legal point established is the significance of personal liberty, reformation theory of sentencing, and the need to balance public interest with the individual's potential for reformation and....
(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....
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 Court emphasized the objectives of furlough as per the Delhi Prison Rules and considered the petitioner's eligibility and conduct in jail in granting the relief.
The court considered the petitioner's conduct, previous judgments, and the medical condition of the petitioner in allowing the petition and setting aside the impugned order.
The grant of furlough as a reward for good conduct and the court's discretion in modifying furlough conditions based on the petitioner's conduct and fulfillment of eligibility criteria.
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