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Under Section 482 CrPC, the High Court cannot be petitioned to extend parole: Himachal Pradesh High Court

Under Section 482 CrPC, the High Court cannot be petitioned to extend parole, is upheld by the High Court of Himachal Pradesh through the learned Judge JUSTICE VIVEK SINGH THAKUR, in the case of Mohd. Margoob v. State of Himachal Pradesh & Anr, (Criminal Misc. Petition (Main) U/S 482 Cr.P.C. No. 470 of 2022).

 

Brief facts of the case:

Petitioner has filed a petition under Section 482 CrPC to request a parole extension due to medical reasons. The HP Good Conduct Prisoners (Temporary Release), Act, 1968, and the Rules promulgated thereunder specify the criteria that must be met before a convicted prisoner may be granted parole.

Faced with the aforementioned circumstance, the petitioner’s attorney requested permission to withdraw the petition with liberty to file an appropriate petition under Article 226 of the Constitution of India, with further submissions that until filing of Civil Writ Petition, petitioner may not be subjected to action by concerned authorities for not surrendering before the concerned Jail Superintendent for the expiration of his parole period because he is suffering from a serious illness and is unable to travel.

Taking into account the arguments of the petitioner’s counsel, the court dismissed the petition as withdrawn with liberty, as prayed for filing anew comprehensive petition, and in case petition is prefered within a reasonable period and taking into account the peculiar condition of health of: petitioner, as placed on record, respondent Authority is directed not to take coercive action until July 15, 2022, allowing petitioner to file an appropriate petition.

JUDGEMNET:

The Himachal Pradesh High Court has concluded that a prisoner/convict cannot be given extension of parole while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’). A Single Judge Bench of Justice Vivek Singh Thakur also indicated that such claims might be accepted under the jurisdiction of High Court under Article 226 of the Constitution.

JUDGEMENT REVIEWED BY – HARILAKSHMI

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