JUSTICE (ORAL)
1. The issue regarding the need for amendments to Parole/Furlough
Guidelines, 2010 has been raised in all these petitions filed ... Reward & Release of Prisoners)
Rules, 1988 as well as the Parole/Furlough Guidelines, 2010, W.P.(C)
No.5516/2014 has been filed seeking
furlough inter alia on the
above-stated ground was rejected by the competent authority in view of para
26.1 of the Parole/Furlough Guidelines ... Hence, he is not eligible as
per para 26.1 of Parole/Furlough Guidelines, 2010
which states as under:-
26.1. "Good conduct in the prison
following reasons:-
"(i) As per para 11.2 of Parole/Furlough Guidelines,
2010 provides that "the conduct in prison must have
been uniformly good ... dated
23/24.04.2015.
(ii) As per para 11.5 of Parole/Furlough Guidelines
2010 which provides that "a minimum of six months
ought
Thakur, thereafter, submitted that Clause 26.4 of
the Parole / Furlough Guidelines 2010 which were approved
by Lt. Governor, Government of NCT of Delhi which ... Bombay Parole and Furlough Rules.
Mr. Thakur pointed out that the Delhi High Court held that
Clause 26.4 of the guidelines of 2010 does
Convict is not eligible for release on parole as per
para 11.1 of parole/furlough guideline which states
that a convict must have served ... jump the parole."
3. The order impugned herein cannot be sustained. Insofar as para 11.1
of the parole/furlough guidelines is concerned
Thakur, thereafter, submitted that Clause 26.4 of
the Parole / Furlough Guidelines 2010 which were approved
by Lt. Governor, Government of NCT of Delhi which ... Bombay Parole and Furlough Rules.
Mr. Thakur pointed out that the Delhi High Court held that
Clause 26.4 of the guidelines of 2010 does
trial court
on 05.03.2015 and 03.08.2015, respectively.
4. The appellant applied for parole through his son-Shri Dushyant
Chautala vide application dated 02.09.2015. The application ... pointing out that the request was contrary to the
Parole/Furlough guidelines 2010 issued by the respondent. Against the said
order of the learned Single
reasons:-
"(i) As per the extant guidelines, para 12.5 of
Parole/Furlough Guidelines 2010 which specifies that
"parole would ordinarily be not granted ... impugned herein are concerned, it is trite to observe
that the Parole/Furlough Guidelines, 2010 are merely guidelines and cannot
be applied blindly in every
view of the following :-
(i) As per Para 11.2 of the parole/furlough
guidelines, the convict is not eligible for
release on parole which provides ... Jail Superintendent has not
recommended the parole of the convict.
(ii) As per Para 11.4 of Parole/Furlough
Guidelines which provides that "the convict
following:-
(iii) The convict is not entitled for parole as per
para 11.5 of Parole/Furlough Guidelines
2010 which provides that "A minimum ... circumstance that six months, as
stated in Para 11.5 of the Parole/Furlough Guidelines, 2010, have in fact
elapsed since the time the petitioner last
