grant of parole. The Code of Criminal
Procedure does not contain any provision for grant of parole. By
administrative instructions, however, rules have been formed ... event, any
statute is made or the Government frames appropriate Rules regulating
parole, the said Act or Rules may provide for the manner in which
Prison Rules.
8 To appreciate the stand of the petitioners, it may be profitable to quote Rule 341 of the Prison Rules:
341 Cases ... placing reliance on Rule 341(3) proviso (i) of the Prison Rules is illegal.
15 Now, coming to Rule 341(2), it does not speak
this Court.
That apart, the question of granting parole under the Sentence Suspension Rules
does not arise in view of the Full Bench judgment ... prisoner will not be entitled to be
released on parole under the Sentence Suspension Rules, pending his appeal. That
apart, the said convict prisoner
Criminal Procedure, 1973, rules titled “Tamil Nadu
Suspension of Sentence Rules, 1982 (hereinafter, referred to as “the 1982
Rules”] have been framed, which ... includes an aggregate of more sentence than one.
Rule 3 of the 1982 Rules clearly states leave cannot be claimed as a matter of
right
powers. Therefore, the Suspension of Sentence Rules was put in place and it is a general rule which governs all facets of temporary release ... held that de hors the Suspension of Sentence Rules, the Government cannot release a person on parole or leave or grant suspension of sentence through
submit that the amendment made in Tamil Nadu Suspension of
Sentence Rules, 1982 Rule No.21(k) (G.O. (Ms) No.205 Home ... which was was curtailed.
seized during searching
16 Further, Rule 3 of the Sentence Suspension Rules states that
leave is a concession
grant of
leave/parole and that, leave/parole can be granted, only in terms of the
Sentence Suspension Rules and not by the Court. Further ... leave can be granted only under the
Sentence Suspension Rules and not outside of it. Rule 3, ibid. clearly states
within the ambit of the Tamil Nadu Suspension of Sentence Rules, 1980. The said Rule do not contemplate grant of leave for the purpose sought ... leave in Delhi is governed by Parole/Furlough Guidelines, 2010, whereas, in the State of Tamil Nadu, rules relating to leave are governed
India
seeking issuance of a Writ of Mandamus directing respondents to issue
parole to the petitioner's husband, namely, Venkat @ Venkatesan ... seek leave only under the Tamil Nadu Suspension of Sentence
Rules and not parole
therefore, he cannot be granted parole under the Tamil Nadu
Suspension of Sentence Rules, 1982. It is always open to the detenu to
approach ... others vs. Yesu (2011 (5)
CTC 353), parole cannot be granted outside the rules.
4. Hence, this Writ Petition stands closed
