Satyam Rai vs Banaras Hindu University And 5 Others on 2 December, 2019
Author: Ajay
Shahbaz Ali Khan vs Union Of India And 3 Others on 2 December, 2019
Author
offence committed
by him should not be a factor to deny the parole
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outrightly. Wherever ... suffered
incarceration for a long time, he can be granted
.
temporary parole, irrespective of the nature of offence
for which he was sentenced
discretion.
Unfortunately, the Indian Penal Code still lingers in the somewhat
compartmentalised system of punishment viz. imprisonment, simple
or rigorous, fine and, of course, capital ... prescribed as part of the sentence. In
another case, liberal parole may have to be suggested and, yet in a
third category, engaging in certain
undergone 5 years after conviction in jail offence as per the Amended
Parole Act, 2015. It is submitted that he is the only ... written statement filed the stand taken is that
parole/furlough is only a concession for good conduct of a prisoner and
no prisoner can claim
deny the parole outrightly. Wherever a person
convicted has suffered incarceration for a long time, he
can be granted temporary parole, irrespective of the
nature ... prisoners. Being in a civilized society
.
organized with law and a system as such, it is essential
to ensure for every citizen a reasonably dignified
Minister and the Additional Chief Secretary for releasing the prisoner on parole. However, JM Panchal, J. in separate concurring judgment, did not agree with ... recommend even to release from the jail a convicted prisoner on parole, particularly when neither of them are 'the competent authorities' so named
sentence is not defeated by the prison administration and the prison system responds to the purpose of sentence.
(5) In Poonam Lata ... Wadhawan , it has been held by their Lordship that; "RELEASE on parole is a wing of reformative process and is expected to provide opportunity
disposal.
3. It appears that due to oversight and due to present
system of working like virtual hearing, the offce has registered two
proceedings ... proceedings and same order is challenged.
4. Petitioner had prayed for emergency parole under
Government Notifcation dated 08.05.2020 and his application is
rejected
Political Parties and Candidates it is contended
that before grant of custody parole, the Election Commission ought to have
been consulted.
3. Learned Senior Counsel ... custody parole
and secondly, the Guidelines for Parole/Furlough, 2010 itself do not
contemplate that respondent No.1 can be granted custody parole for
canvassing