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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RAJESH BHARDWAJ
Harpreet Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Rajesh Bhardwaj, J.
Petitioner has approached this Court by way of filing the present petition praying for issuance of a writ in the nature of mandamus directing the respondents to consider the case of petitioner for grant of 08 weeks parole under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (as amended upto date) and in view of judgment passed by the Hon'ble Supreme Court of India in Criminal Appeal No.2084 of 2023 titled as Harpreet Singh vs. State of Punjab vide Annexure P-1.
2. It has been contended by learned counsel for the petitioner that the petitioner was prosecuted in FIR No.T20107154 under the provisions of Chapter III of Part V of the Criminal Courts (Sentencing) Act, 2000 (hereinafter referred to as 'the Act') and was convicted/sentenced to undergo imprisonment for life with minimum term of 22 years by the learned Central Criminal Court, London vide order dated 15.04.2011 in view of Section 269 of Criminal Justice Act, 2003. He has submitted that under the provisions of the Repatriation of the Prisoners Act, 2003 (for short 'the Act of 2003), the petitioner was repatriated to India and thereafter he is undergoing his senten
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 is not guaranteed for convicts with serious offenses; public safety and the nature of criminal history are crucial factors in denial of short-term bail.
The court reaffirmed that judicial decisions must be respected and that the definition of hardcore prisoner under the Act did not apply to the petitioner, ensuring his right to 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....
The court has the discretion to grant parole based on the necessity for the petitioner to perform certain ceremonies for his son's marriage.
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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