Case Note & Summary
The petitioner, Dulharsingh Daulatsingh Jarhade, a convict lodged in Central Prison, Aurangabad, filed a letter petition before the Bombay High Court, Aurangabad Bench, seeking parole. He had been designated as a night watchman in the jail. He was released on furlough for 30 days and returned on 7 February 2012. On 6 March 2012, he applied for parole on the ground that his daughter Sangita was unwell and required special attention. He relied on a medical certificate dated 10 April 2012 issued by Dr. Mrs. Deoyani Deshpande, MBBS, DA, of Aurangabad, certifying that Sangita w/o Dulersingh was under treatment. The court considered the petition, noting that the petitioner had previously been released on furlough and had returned on time. The court observed that the ground of daughter's illness was sufficient for granting parole. The court directed that the petitioner be released on parole for a period of 30 days from the date of his release, subject to executing a personal bond of Rs. 10,000 with one surety. The petitioner was also directed to surrender before the jail authorities on the expiry of the parole period. The court made rule absolute accordingly.
Headnote
A) Prison Law - Parole - Grounds for Grant - Medical Treatment of Family Member - The petitioner, a convict, sought parole for 30 days to attend to his daughter's health issues - The court considered the medical certificate and the fact that the petitioner had previously returned from furlough on time - Held that parole can be granted on humanitarian grounds for medical treatment of a family member, and the petitioner was directed to be released on parole for 30 days on executing a personal bond (Paras 1-5).
Issue of Consideration
Whether a convict who has recently returned from furlough can be granted parole on the ground of his daughter's illness
Final Decision
Rule made absolute. Petitioner to be released on parole for 30 days from the date of his release on executing a personal bond of Rs.10,000 with one surety. Petitioner to surrender on expiry of parole period.
Law Points
- Parole is a privilege
- not a right
- but can be granted on humanitarian grounds including medical treatment of family members
- Courts have jurisdiction to entertain parole petitions under Article 226 of the Constitution of India
