Case Note & Summary
The petitioner, Hariom Vijay Pande, a life convict undergoing imprisonment since 2010 for an offence under Section 302 read with Section 34 of the Indian Penal Code, applied for parole leave on 16 July 2018 on the ground that his wife was suffering from a serious illness. The respondents sent the application to the Superintendent of Police, Azamgarh (Uttar Pradesh), from where the petitioner hails. The Police Sub-Inspector of Police Station, Azamgarh submitted a report dated 19 February 2019, received by respondent No.2 on 5 March 2019, confirming the illness of the petitioner's wife but objecting to parole on the ground that there was a possibility of the petitioner absconding after release. The parole application was rejected by order dated 4 June 2019. The court noted from the reply filed by respondent No.2 that the petitioner had been released on furlough leave in January 2015, August 2018, and September 2019, and on parole leave in May 2017, and each time he surrendered on the due date. The court observed that the police report did not give any details as to the basis for the conclusion that the petitioner might abscond. The court held that parole leave is a statutory right under Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules and cannot be denied arbitrarily. The court set aside the impugned order and directed the respondents to release the petitioner on parole leave for a period of 45 days on certain conditions, including furnishing a personal bond and surety, and reporting to the police station.
Headnote
A) Prison Law - Parole - Statutory Right - Rule 19 of Maharashtra Prisons (Mumbai Furlough and Parole) Rules - Parole is a statutory right and cannot be denied arbitrarily. The court held that the rejection of parole based on a vague police report without any details is unsustainable. (Paras 3-4) B) Prison Law - Parole - Grounds for Rejection - Possibility of Absconding - The court held that mere apprehension of absconding without any material to support it is not a valid ground to reject parole, especially when the convict has previously surrendered on time. (Paras 3-4)
Issue of Consideration
Whether the parole application of a life convict can be rejected solely on the ground of possibility of absconding without any supporting material, especially when the convict has a history of surrendering on time.
Final Decision
The impugned order dated 4 June 2019 is set aside. The respondents are directed to release the petitioner on parole leave for a period of 45 days on conditions including furnishing a personal bond of Rs. 10,000 and a surety of like amount, and reporting to the police station once a week.
Law Points
- Parole is a statutory right under Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules
- rejection must be based on cogent reasons
- past conduct of surrendering on time is relevant
