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MANJARI NEHRU KAUL
Mulakh Raj @ Mulkhu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manjari Nehru Kaul, J. (Oral)
By way of instant petition under Article 226/227 of the Constitution of India, the petitioner seeks a writ in the nature of certiorari for setting aside order dated 24.11.2022 (Annexure P-7) whereby he has been denied the benefit of parole to meet his family and relatives. A prayer has been made that the petitioner be granted the benefit of parole under Sections 3 & 4 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short, 'the Act') for a period of 08 weeks to meet his family more so as he had lost his mother who died on 24.01.2022 and it was a matter of record that his son was suffering from neurological ailments.
2. On being put to notice by this Court on 23.12.2022, learned State counsel filed reply by way of affidavit of N.D. Negi, Superintendent, Central Jail, Bathinda on behalf of respondents No.1, 2 and 4. Learned State counsel has drawn the attention of this Court to the reply filed on behalf of respondents No.1, 2 and 4 and submitted that the petitioner who is serving a sentence of life imprisonment in case FIR No.56 dated 23.01.2008 under Sections 302 /381/120B/411 of the IPC registered at Police Station Ci
The main legal point established is the eligibility criteria for parole under Rule 1210 sub rule (II) Delhi Prison Rules 2018, emphasizing the importance of maintaining family and social ties for con....
Parole is a right meant for rehabilitation and should consider current prisoner conduct rather than past infractions, balancing individual reform with public safety.
Point of Law : If a person commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human di....
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 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.
Point of Law : Supreme Court held that merely repeating the fact that the crime is heinous and that release of such a person would send a negative message against the justice system in the society ar....
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