Case Note & Summary
The petitioner, Aslam Salim Shaikh, a convict serving a life sentence at Yerwada Central Prison, Pune, filed a criminal writ petition seeking parole for 45 days to arrange medical treatment for his wife and mother-in-law. The petitioner had been convicted under the Indian Penal Code and was undergoing imprisonment. The petitioner's wife and mother-in-law were suffering from serious medical conditions requiring treatment. The petitioner had previously been released on parole but had surrendered on time. The State opposed the petition, arguing that the petitioner had a criminal background and that parole should not be granted. The court considered the submissions and held that parole is a reformative and humanitarian measure, and that the petitioner's request for medical treatment of family members was a valid ground. The court directed the petitioner to be released on parole for 45 days, subject to conditions including furnishing a personal bond, reporting to the police station once a week, and not leaving the jurisdiction of Pune District. The court also clarified that the parole period could be extended by the State Government under the relevant rules. The judgment emphasized that parole is not a suspension of sentence but a temporary release for a specific purpose.
Headnote
A) Criminal Law - Parole - Medical Treatment of Family Members - Parole is a reformative and humanitarian measure, not a suspension of sentence - The petitioner-convict sought parole for 45 days to arrange medical treatment for his wife and mother-in-law - The court held that parole can be granted for such purposes, and the authorities must consider the application liberally - The court directed the petitioner to be released on parole for 45 days with conditions, including reporting to the police station once a week and not leaving the jurisdiction of Pune District (Paras 1-10).
Issue of Consideration
Whether the petitioner-convict is entitled to be released on parole for the medical treatment of his wife and mother-in-law, and whether the conditions imposed by the authorities are reasonable.
Final Decision
The court allowed the petition and directed the petitioner to be released on parole for a period of 45 days, subject to conditions including furnishing a personal bond of Rs. 15,000, reporting to the police station once a week, and not leaving the jurisdiction of Pune District. The parole period could be extended by the State Government under the relevant rules.
Law Points
- Parole is a reformative and humanitarian measure
- not a suspension of sentence
- Parole can be granted for medical treatment of family members
- Conditions for parole include reporting to police and not leaving jurisdiction
- Parole period can be extended by the State Government under relevant rules
