Case Note & Summary
The petitioner, Smt. Suma, wife of a convict serving life imprisonment for the murder of three persons, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents (State of Karnataka, Chief Superintendent of Central Prison, Belagavi, and Director General of Police and Inspector General of Police, Karnataka Prison and Correctional Services) to release her husband, Mr. Shyam alias Raju Reddy alias Prabhakar alias Raja Reddy, on parole for a period of two months. The husband had made a representation (memorandum) dated 12.10.2021 to respondent nos. 2 and 3 seeking parole on the ground that his daughter's marriage was scheduled to be performed on 7th and 8th November 2021. The representation was not considered, prompting the wife to approach the High Court. The learned Additional Government Advocate (AGA) opposed the petition, contending that parole and furlough are not a matter of right and that the convict, being convicted for murder of three persons, had no arguable right to parole. The court, after hearing both sides and perusing the petition papers, held that parole is not a matter of right but can be granted in exceptional circumstances. The court noted that the petitioner had disclosed all material particulars of the cases in which her husband was convicted and that he had been serving sentence for over two decades. The court granted restrictive and conditional indulgence, directing the respondents to consider the representation and release the convict on parole for two months, subject to stringent conditions to ensure public safety and prevent misuse. The court emphasized that the grant of parole was an exception and not a rule, and that the authorities must impose conditions such as furnishing of security, reporting to the local police station, and ensuring that the convict does not commit any offence during the parole period.
Headnote
A) Criminal Law - Parole - Grant of Parole to Murder Convict - Parole is not a matter of right but can be granted in exceptional circumstances like marriage of daughter - Court granted restrictive and conditional parole for two months to convict serving sentence for murder of three persons, considering the marriage of his daughter scheduled on 7th and 8th November 2021 - Held that parole can be granted with stringent conditions to ensure public safety and prevent misuse (Paras 1-3).
Issue of Consideration
Whether a convict serving life sentence for murder of three persons can be granted parole for two months to attend his daughter's marriage.
Final Decision
The court directed the respondents to consider the representation dated 12.10.2021 and release the convict on parole for two months, subject to stringent conditions to ensure public safety and prevent misuse.
Law Points
- Parole is not a matter of right
- but can be granted in exceptional circumstances like marriage of daughter
- even for convicts of serious offences
- with stringent conditions to ensure public safety and prevent misuse.
