petitioner has submitted that by
invoking Rule 4(1) of the Rules, the petitioner cannot be
denied parole. In support of this contention, reliance ... marriage, is
demanding more than required. Rule 4 (1) of the Rules
may be invoked in case of parole which is to be granted
ORAL JUDGMENT : (PER:- Z.A. HAQ, J. )
1. Heard.
2. Rule. Rule made returnable forthwith.
3. The petitioner has challenged the order passed ... relied on Rule 4 (19) of the Prisons (Bombay Furlough and
Parole) Rules 1959, and had argued that as the general elections at
Mumbai
parole. It is pertinent to note that the petitioner
does not suffer from any ineligibility for his release on parole as
prescribed under Rule ... Rajasthan Prisoners Release on
Parole Rules, 1958. In these circumstances, the petition deserves
to be allowed.
6. Accordingly, this petition is allowed. The respondents
parole is Rule
4 of the Rules.
The reliance by the respondents on Rule 4 of the 2007 Rules to deny
parole to the petitioner ... eligible for temporary release had been imposed by Rule 4 of the 2007 Rules
and it could not supersede the substantive provisions
Rule 4(1) of the Haryana Good Conduct Prisoner (Temporary Release) Rules 2007
which prescribes that a prisoner shall be entitled to apply for parole ... 2019.
The reliance by the respondents on Rule 4 of the 2007 Rules to deny
parole to the petitioner cannot sustain. A Division Bench
Date : 16/05/2019
ORAL ORDER
1. Rule. Learned APP Mr. H.K. Patel waives service
of Rule on behalf of respondent-State ... applicant shall
surrender to the jail authority on expiry of the
parole leave. Rule is made absolute to the aforesaid
extent.
Direct service is permitted
sufficient cause".
Rule 8 of the 2007 Rules enumerates certain reasons which may be
considered as sufficient cause. The said Rule is reproduced below ... reliance by the respondents on Rule 4 of the 2007 Rules to deny
parole to the petitioners also cannot sustain. A Division Bench of this
sentence is pending
before this Court.
3. The petitioner has sought emergency parole to attend the
1 of 3
::: Downloaded ... this sole ground.
8. In the light of the rules of emergency parole, there appears
to be no legal infirmity in the order declining parole
Rule 4(1) of the Haryana Good Conduct Prisoner (Temporary
Release) Rules 2007 a prisoner shall be entitled to apply for parole only after ... reliance by the respondents on Rule 4(1) of the 2007 Rules to deny
parole to the petitioner cannot sustain. A Division Bench of this
demonstrated
from the record that the only principle ground of denial parole to
(Downloaded on 03/09/2019 ... Shyopa Ram
to avail 30 days second parole as per provisions of the Rules of
1958 provided he furnishes two sureties
