record including the Status
Report, and Nominal Roll.
8. The rationale behind parole is to enable a convict to re-establish his
social ties ... parole and furlough, each State has the power
to formulate guidelines on parole and furlough. The Delhi Prisons Act,
2000 , and the Delhi Prison Rules
issuance of directions to the respondents to release the petitioner on
parole for four weeks to enable him to meet his family members ... entitled to be released on parole, as per
the Act and the Rules, his case was sent by Superintendent Jail to
the concerned District Magistrate
parole was declined by the competent authority. No other reason has been
given in the impugned order for refusing parole to the petitioner.
The petitioner ... been mentioned that earlier he has
not availed any parole. The ground on which parole has been declined to the
petitioner is not in accordance
view of Rule 4 of the
Haryana Good Conduct Prisoners (Temporary Release)
Rules 2007 (for short- 'the Rules'). The said Rule
provides ... parole. It is submitted that the provisions
of Section 3(1)(b) of the Act are mandatory and the
provisions of Rules should not supersede
under Article 226 of the
Constitution of India, is for grant of parole to the petitioner for a period of
two weeks for agricultural purposes ... debarred from claiming
parole under the Haryana Good Conduct Prisoners (Temporary Release)
Amendment Rules, 2015. It is further stated that on 06.07.2015, the
petitioner
Rule 1211 of Delhi Prison Rule-2018, which
provide that:
"In the following cases, parole shall not be granted,
except if in the discretion ... does not attract
exceptional conditions to qualify relief under Rule
1211 of Delhi Prison Rules-2018 as that filing of SLP
In Supreme Court
date and jumped the Emergency
Parole and violated terms and conditions of the emergency
parole. Thereafter, he was re-arrested by Delhi Police vide ... surrender
after expiry of emergency parole on 06.03.2021, otherwise
necessary action will be initiated against him as per
provision/rules."
1.1 He is aggrieved
Applicant through
jail for enlarging the Applicant on Parole leave.
2. Learned APP waives service of Rule on behalf of the
Respondent State ... Jail authorities on expiry of the Parole period.
7. The application is allowed in the aforesaid terms. Rule is
made absolute. Registry is directed
released on
temporary bail in the month of February, 2023 and on parole
leave in the month of December, 2021 to January, 2022. On
both ... here that
the Rules in question i.e. Prisons (Bombay Parole and
Furlough) Rules, 1959 (hereinafter referred to as 'the Rules')
inter alia
Date : 27/09/2022
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives service
of notice of Rule on behalf of respondent - State ... before the concerned Jail
Authority immediately on completion of parole leave
period, without fail.
6. Rule is made absolute to the aforesaid extent. Direct
service
