Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Permanent Parole Eligibility - Generally, a convict becomes eligible for permanent parole after serving a specified period, often 14 years of imprisonment, provided other conditions are met. For example, in ["Josnath S/o Sh. Ramnath VS State Of Rajasthan, Dept. Of Home - Rajasthan"], the court noted that a convict prisoner ordinarily acquires eligibility to have permanent parole on completing actual term of 14 years imprisonment. Similarly, ["Kishan Bahadur VS State of Rajasthan - Rajasthan"] states that on permanent parole. A convict prisoner ordinarily acquires eligibility to have permanent parole on completing actual term of 14 years imprisonment. These rules are based on the Rules of 1958 and applicable policies at the time of conviction.
Exceptions and Conditions - Eligibility for permanent parole can be influenced by factors such as conduct in jail, age, health, and the nature of the offense. For instance, ["Ganga Devi VS State - 2014 0 Supreme(Raj) 575"] discusses an old aged lady facing a murder charge, where the court considered her satisfactory conduct and health, leading to a recommendation for permanent parole despite the seriousness of the offense. Conversely, ["KISHAN BAHADUR vs STATE OF RAJ - Rajasthan"] indicates that in certain cases, parole may be denied if conditions such as not completing 14 years of sentence or other restrictions under rules apply.
Facing Trial or Pending Appeals - The grant of parole during ongoing trials or while appeals are pending is generally restricted. ["Kiran vs State - Delhi"] clarifies that when an appeal against conviction is pending, regular parole will not be granted since the convict can seek appropriate orders from the High Court. Similarly, ["KISHAN BAHADUR vs STATE OF RAJ - Rajasthan"] mentions that parole cannot be granted to an under-trial or when appeal is pending, emphasizing that benefit of parole is not available to under trial prisoners.
Impact of Conviction Type and Status - Life convicts and those facing serious charges like murder have more stringent restrictions. However, some cases, such as ["Josnath S/o Sh. Ramnath VS State Of Rajasthan, Dept. Of Home - Rajasthan"], show that if a convict has served the requisite period and meets other criteria, permanent parole can be granted, sometimes even if the person is facing trial or has been convicted for serious offenses, depending on judicial discretion.
Summary and Conclusion - While the rules generally provide for the possibility of permanent parole after serving 14 years, the actual grant depends on multiple factors including conduct, health, nature of the offense, and whether the person is under trial or has pending appeals. Notably, a convict facing a murder trial can be granted permanent parole if they meet the statutory and judicial criteria, especially after completing the minimum period and demonstrating good conduct, but such decisions are at the discretion of the authorities and courts ["Josnath S/o Sh. Ramnath VS State Of Rajasthan, Dept. Of Home - Rajasthan"], ["Ganga Devi VS State - 2014 0 Supreme(Raj) 575"].
References:- ["Josnath S/o Sh. Ramnath VS State Of Rajasthan, Dept. Of Home - Rajasthan"]- ["Ganga Devi VS State - 2014 0 Supreme(Raj) 575"]- ["KISHAN BAHADUR vs STATE OF RAJ - Rajasthan"]- ["Ravdeep Kaur VS State of Punjab - Punjab and Haryana"]- ["KISHAN BAHADUR vs STATE OF RAJ - Rajasthan"]- ["KISHAN BAHADUR vs STATE OF RAJ - Rajasthan"]- ["KISHAN BAHADUR vs STATE OF RAJ - Rajasthan"]- ["Gurdeep Bagga v. Delhi Administration - Delhi"]- ["ANIL KUMAR @ KALEY S/O SHRI OM PRAKASH Vs STATE OF RAJASTHAN - Rajasthan"]- ["Kishan Bahadur VS State of Rajasthan - Rajasthan"]- ["KISHAN BAHADUR vs STATE OF RAJ - Rajasthan"]- ["KISHAN BAHADUR vs STATE OF RAJ - Rajasthan"]- ["Kundan Singh VS State Govt. of NCT Delhi - Delhi"]- ["Kiran vs State - Delhi"]- ["Sanjay Kumar VS State Of Hayrana - Punjab and Haryana"]- ["Rupinder Singh vs State Of Punjab - Punjab and Haryana"]
In the complex landscape of India's criminal justice system, questions about parole often arise, especially for serious offenses like murder. Imagine a person accused of murder, still facing trial—can they be released on permanent parole? This is a common query that touches on legal rights, rehabilitation, and public safety. In this post, we dive deep into the legal framework, judicial precedents, and practical realities to provide clarity.
We'll explore whether permanent parole is possible during the trial phase, drawing from key rules like the Rajasthan Prisoners' Release on Parole Rules, 1958, and landmark court decisions. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for personalized guidance.
Parole serves as a bridge between incarceration and societal reintegration, but it's not a right—it's a privilege granted under strict conditions. Under Rule 9 of the Rajasthan Prisoners' Release on Parole Rules, 1958, parole eligibility typically requires:
The rules distinguish between non-permanent parole (e.g., 20-40 days annually) and permanent parole, which allows release for the remaining sentence period with periodic reporting. As noted in one ruling, If permanent parole is not granted, the prisoner is entitled to 40 days’ parole every year for the remaining period of his sentence. LAXMANDAS Vs. STATE OF RAJASTHAN - 2025 Supreme(Online)(Raj) 13292
Crucially, these provisions apply to convicted and sentenced prisoners, not those merely detained during trial. Ganga Devi VS State - 2014 0 Supreme(Raj) 575Ranjeet Singh VS State of Rajasthan - 2021 0 Supreme(Raj) 1954
Can permanent parole be granted to a convict facing a murder trial during conviction? The short answer, based on established law, is no. Parole, particularly permanent parole, is reserved for post-conviction scenarios where the individual has served part of their sentence and shown rehabilitation potential.
Courts have consistently ruled that parole rules primarily pertain to prisoners who have been convicted and have served a portion of their sentence, not to those who are still undergoing trial. Ganga Devi VS State - 2014 0 Supreme(Raj) 575Ranjeet Singh VS State of Rajasthan - 2021 0 Supreme(Raj) 1954. The rationale? During trial, the accused remains under judicial scrutiny, and releasing them on permanent parole undermines the trial process and public interest in serious crimes like murder under Section 302 IPC.
The Rajasthan Prisoners' Release on Parole Rules, 1958 (Rules 3, 4, 5-B, 9, 11, 12, 13) outline eligibility:- Rule 9 explicitly ties permanent parole to convicts who have completed with remission, if any, at least one-fourth of his sentence and has exhibited good conduct.- Power to grant parole vests with the State Government, but only for those who meet post-conviction criteria. Ranjeet Singh VS State of Rajasthan - 2021 0 Supreme(Raj) 1954
Section 433-A of the CrPC governs premature release but does not extend to permanent parole during trial. Courts clarify: Section 433-A of the Criminal Procedure Code applies to shortening of sentence or premature release, but not to permanent parole. Ranjeet Singh VS State of Rajasthan - 2021 0 Supreme(Raj) 1954
For under-trials, options like bail or custody parole exist, but regular or permanent parole is ineligible. One precedent states: Under-trial prisoners are not eligible for regular parole and furlough, however, may be released on custody Parole, that too by the order of the concerned trial court. Basant Vallabh VS State - 2020 Supreme(Del) 685
Indian courts, particularly the Rajasthan High Court, have reinforced this stance:
In a case involving a murder accused, the Court set aside a premature rejection but directed reconsideration after trial and conviction, signaling no endorsement for trial-phase parole. Asha @ Ashanand Thro’ His wife Nirmala VS State of Rajasthan - 2010 0 Supreme(Raj) 1827
Even for serious crimes, post-conviction parole isn't barred outright. For instance, Conviction for a serious crime does not automatically bar parole eligibility, provided criteria are met—but again, after conviction. Nema Ram VS State Of Rajasthan - 2021 Supreme(Raj) 561
These cases underscore that timing—post-conviction and sentence service—is paramount, especially for murder.
Murder trials demand heightened caution due to their gravity. A person facing trial for murder cannot be granted permanent parole during the trial process, as prerequisites like conviction and sentence portion aren't met. Ganga Devi VS State - 2014 0 Supreme(Raj) 575Ranjeet Singh VS State of Rajasthan - 2021 0 Supreme(Raj) 1954
Public safety weighs heavily: Denials often cite societal impact, but even approvals require independent assessments beyond family concerns. No provision allows permanent parole mid-trial for heinous crimes.
Generally, no exceptions for permanent parole during murder trials.
Parole embodies hope for reform, but legal boundaries protect justice. As courts affirm, The purpose of parole is rehabilitative and conditional upon the prisoner having been convicted and having served a requisite period. Ganga Devi VS State - 2014 0 Supreme(Raj) 575
For those navigating this, professional legal counsel is essential. Stay informed, and remember: Rehabilitation starts with compliance.
References:1. Ganga Devi VS State - 2014 0 Supreme(Raj) 575 – Purpose and conditions of parole.2. Ranjeet Singh VS State of Rajasthan - 2021 0 Supreme(Raj) 1954 – Distinction between trial and post-conviction parole.3. Asha @ Ashanand Thro’ His wife Nirmala VS State of Rajasthan - 2010 0 Supreme(Raj) 1827 – Deferral until post-trial.4. Additional cases as cited inline.
#PermanentParole, #MurderTrialLaw, #ParoleRules
In view of judgment of Hitesh @ Bavko Shivshankar Dave vs State of Gujarat (supra) and as per the Rules prevalent at the time of his conviction, petitioner is entitled to be released on permanent parole. ... Also, taking note of the fact that co-accused have been given benefit of permanent parole, the writ petition(parole) deserves to be allowed.” ... It was submitted that under Rajasthan Prisoners Release on Parole Rules, 1958 (‘Rules of 1958’) under which the petiti....
Counsel for the convict-petitioner submitted that the convict petitioner has already served more than 14½ years of imprisonment and being an old aged lady, deserves to be granted indulgence of permanent parole. ... Though the present case, which is being considered, is a case of an convict-petitioner who is facing conviction for offence u/S. 302 and ordinarily is ineligibile for granting benefit of parole but the conduct of the #HL_....
parole to the convict-petitioner. ... who is facing conviction for offence u/s 302 and ordinarily is ineligibile for granting benefit of parole feel that the benefit of permanent parole is required to be granted ... R/5) has recommended for grant of permanent parole to the convict- p style="position:absolute;white-space:pre;margin:0;padding:0;
But Section 427, though does not deal with the case of an escaped convict, provides enough room for finding out how a sentence imposed on a subsequent conviction, in respect of a life convict, should be handled. ... The remission granted by the Government to a life convict, cannot be taken to mean that there is some portion of the life sentence that remains unexpired in the same sense as in the case of other convicts. A life sentence is a sentence for life. ... This Court considered as to whether the #H....
If permanent parole is not granted, the prisoner is entitled to 40 days’ parole every year for the remaining period of his sentence. ... 7.1 A reading of the above Rule, it is clear that parole may be granted either as non-permanent release or as permanent release. The three stages of parole are non-permanent releases. ... The second parole is granted for 30 days, subject to the....
Section 224 IPC has already been served and he is facing trial for granted was withdrawn. ... parole. ... Being aggrieved by the withdrawal of the parole already granted, the present petition preferred a p style="position:absolute
He has no conviction other than the conviction against which he proposes to file Special Leave Petition. He is not facing trial in any other case. ... murder and attempt to murder. ... Grant of parole is primarily an executive function and, therefore, it is for the Government to consider the request made by a convict for grant of parole and pass appropriate order on it. ... Another important aspect in this regard is that ....
permanent parole to the petitioner, as prayed by him. ... parole cannot be granted before completion of 14 years of sentence, therefore, there is no question to grant/p
We think this must be one of the few cases where a life convict has been on parole, continuously for a period of 14 months and that too shortly after his appeal against his conviction and sentence was dismissed by this court. With this observation, the petition is dismissed. ... 11. ... Thereafter, the petitioner has been making repeated petitions to the Supreme Court for extension of the parole period and the same were granted to him from time to time and finally by an order dated 16th Dec. 1986 the ....
Petitioner has preferred this writ petition(parole) with the prayer that petitioner be granted permanent parole under Rule 10 of Rajasthan Prisoners Release on Parole Rules, 2021. 2. ... to be released on permanent parole, if he has served 14 years of imprisonment excluding remission, but including the period of detention passed during enquiry, investigation or trial. ... In the present case in hand as per Rules prevalent on the ....
Mr. Gonsalves argued that the Standard Operating Procedure (SOP) formulated by the National Legal Services Authority for release of prisoners should be taken into account by the High-Powered Committees. Such of those inmates who have been granted parole last year should be granted 90 days parole by this Court. 6. Mr. Colin Gonsalves, learned Senior Counsel appearing for the Applicant submitted that the High Powered Committees which have been constituted pursuant to the orders passed by this Court on 25.03.2020 should be directed to release all those prisoners who have been ....
The co-convict Smt. Santosh Devi, who of-course is a woman, has been granted permanent parole by the State Government. The fact mentioned in the additional affidavit that the convict had only served 7 years and 1 month imprisonment till 31.05.2018 and thus, he cannot be considered for grant of permanent parole, does not stand to reasoning because as per Rule 9, referred infra, a convict who has completed with remission, if any, one fourth of his sentence and has availed of first three paroles and his character has been exceedingly well and if he is not likely to r....
Under-trial prisoners are not eligible for regular parole and furlough, however, may be released on custody Parole, that too by the order of the concerned trial court. It is clarified that where an appeal of a convict against conviction is pending before the High Court, regular parole will not be granted since the convict can seek appropriate orders from the High Court."
It is further admitted in para 5 of the reply that the convict-prisoner was granted first parole of 20 days from 19.06.2015 to 08.07.2015, 30 days from 20.09.2016 to 19.10.2016 and 40 days from 27.10.2017 to 05.02.2017. The convict-prisoner applied for permanent parole but the same has been denied.
Thus, in our considered opinion, the decision in Shiv Shankar Teli's cases (supra) cannot be said to be in accordance with law. The convict after having undergone the statutory period of sentence is entitled to be considered for parole both regular and permanent without the question of payment of fine being reckoned. We have also not dealt with the conditions which may be imposed by the State Government for release on parole. At the same time, we make it clear that we have not dealt with the power of the Government while deciding a parole petition.
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