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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Rishi Pal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The instant writ petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of impugned order dated 10.01.2024 (Annexure P-1) passed by the official respondent No.4 vide which his application for regular parole was rejected, with a further prayer to release the petitioner on regular parole for 70 days in FIR No.437 dated 26.10.2005 under Sections 302, 201 of the IPC registered at Police Station City Thanesar, District Kurukshetra.
2. Learned counsel for the petitioner submits that the petitioner was convicted and sentenced to life imprisonment in the FIR in question. The appeal of the petitioner against his conviction was dismissed uptil the Hon'ble Supreme Court, and he is currently serving his sentence in District Jail, Nuh. Learned counsel further contends that the petitioner applied for seven days of parole, which was rejected by respondent No.4 on the grounds that the petitioner is classified as a 'hardcore criminal' under Section 2(1)(g)(i)(v) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (hereinafter referred to as, 'the Act'), which is reproduced as under:
'hardcore convicted prisoner' mea
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....
A single conviction does not automatically classify an individual as a hardened criminal; rehabilitation and maintaining family ties are essential for granting parole.
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 : 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....
The main legal point established is that the denial of parole should not be solely based on the nature of the offence, and the authorities must consider the rehabilitation and reformation of convicts....
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