The Punjab & Haryana High Court held that a prisoner’s potential to elude capture while on parole is insufficient grounds for denying them temporary release.
Title: Kapil v. State of Haryana and others.
Decided on: October 17, 2023
Writ C No. – 7247-2023(O&M)
CORAM: Hon’ble Mrs. Justice Lisa Gill and Hon’ble Mrs. Justice Ritu Tagore.
INTRODUCTION
In the Punjab & Haryana High Court case CRWP-7247-2023, Kapil, the petitioner, requested regular parole for a period of ten weeks. The Haryana Goods Conduct Prisoners (Temporary Release) Act, 2022 was cited by the Divisional Commissioner of Ambala as justification for rejecting the request. The petitioner won the case, with the court stating that there is insufficient reason to deny temporary release based only on the petitioner’s potential to abscond while out on parole.
FACTS OF THE CASE
In this case Kapil, a prisoner serving life in prison under Section 302/34, ten years in prison under Section 364/34 IPC, and six months in prison under Section 120-B/34 IPC, requested regular parole in the case number CRWP-7247-2023 in order to visit his family. Based on information from the District Magistrate and the Police Commissioner of Ghaziabad, the Divisional Commissioner of Ambala rejected his request, expressing worries that Kapil might change his place of residence and abscond. In the High Court, Kapil contested this ruling on the grounds that it was arbitrary and unwarranted. The main questions were whether the Divisional Commissioner’s rejection reasons were reasonable and if there was sufficient proof to back them up.
COURTS ANALYSIS AND DECISION
The court decided that these worries weren’t enough to keep someone from getting parole. It overturned the refusal and granted Kapil a four-week parole sentence with suitable restrictions to maintain a just equilibrium between the prisoner’s rights and public safety. The ruling highlights the requirement for legitimate, fact-based justifications when denying parole.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer. “
Written by- Kusuma R