On 28th October, a bench of Delhi High Court consisting of Justice Anup Chitkara observed that Article 21 removes any parole restrictions if the petitioner is not entitled to such parole under the parole rules, in case it is seen that such is justified under the facts and circumstances of such case.
The bench also stated that in case of important family event a petitioner cannot be deprived of attending it because it is the family members and the immediate relatives who takes care of family members.
The court further added:
“The prisoner also longs for their cooperation, support, and even financial help. In return, such persons would also expect the prisoner to reciprocate by attending their sacrosanct family functions, fully aware that such presence is fraught with the risk of social boycott or dejection."
Facts of the case:
The petitioner in the present case was charged for offences under section 392, 397, 302 and 120 B of IPC and section 25, 54 and 59 of the Arms act. The petitioner approached the court under Article 226 of the constitution for the grant of parole in the occasion of his son’s marriage. Initially a written request was made to the Jail Superintendent by the convict for release but he did not get any response. Hence the present petition was filed.
Order of the court:
The court allowed the petition and the petitioner was allowed to be release on parole for fourteen days subject to the condition that the petitioner would surrender all his arms and ammunition along with his arms license to the concerned authority during his release period.
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