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N. S. SHEKHAWAT
Sunil @ Shunty – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petition for regular parole. (Para 1 , 2 , 3) |
| 2. judicial oversight of administrative delay (Para 4) |
| 3. delay in processing parole application. (Para 5 , 6 , 7) |
| 4. order for release on parole. (Para 8 , 9) |
JUDGMENT :
Mr. N.S. Shekhawat, J.
The petitioner had filed the present petition under Article 226 of the Constitution of India with a prayer to issue appropriate directions to the respondents to grant regular parole to the petitioner for a period of 10 weeks as per the provisions of the Haryana Good Conduct Prisoner’s (Temporary Release), Act, 2022 (hereinafter referred to as the “Act”).
2. Learned counsel for the petitioner contends that the petitioner was involved in a case FIR No.89 dated 09.03.2008 for commission of the offence punishable under Sections 364-A, 377, 201, 34, 420, 411, 468 and 471 of IPC, registered at Police Station City Thanesar, District Kurukshetra. He further contends that the petitioner was convicted for the offences punishable under Sections 364-A/149 of IPC and was sentenced to undergo life imprisonment. Even, the appeal filed by the petitioner i.e. CRA-532-DB was disposed of by this Court on 02.12.2017 and now, no appeal or revision is pend
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 ....
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.
The court established that satisfactory conduct during parole can justify further parole requests, emphasizing the rehabilitative purpose of parole.
Parole is a privilege granted by the state and can be refused based on intelligible differentia and with a nexus to the object of the rules. It is not a vested right of prisoners and can be refused i....
Parole is a privilege granted by the state and can be refused if refusal is based on intelligible differentia and has a nexus to the object of the rules.
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