Case Note & Summary
The petitioner, Shamsunder Anchan, was convicted under Sections 302 and 307 of the Indian Penal Code and was serving his sentence at Central Jail, Colvale, Goa. He filed a Criminal Writ Petition before the Bombay High Court at Goa challenging the order dated 20/03/2017 passed by the Superintendent of Central Jail (respondent no.3) rejecting his application for parole. The petitioner sought parole on the ground that his mother was suffering from high blood pressure and diabetes and needed someone to spend quality time with her and make arrangements for her care. He had a sister who was a nurse at Asilo Hospital, Mapusa, but she was unable to look after their mother due to her own work and family commitments. The petitioner had earlier been released on furlough and had not misused the liberty. The respondents opposed the petition, arguing that the petitioner was a convict under Sections 302 and 307 IPC and that his release might pose a security risk. The court, after hearing both sides, observed that parole is a reformative process and should be granted on humanitarian grounds. The court noted that the petitioner's mother was ill and there was no one else to care for her. The court allowed the petition and directed the respondents to release the petitioner on parole for a period of 30 days, subject to conditions including furnishing a bond, reporting to the police station, and not leaving the jurisdiction without permission. The court also directed the petitioner to surrender at the end of the parole period.
Headnote
A) Criminal Law - Parole - Humanitarian Grounds - Mother's Illness - The petitioner, a convict under Sections 302 and 307 IPC, sought parole to care for his ailing mother suffering from high blood pressure and diabetes. The court held that parole is a reformative process and should be granted on humanitarian grounds, especially when the prisoner has no other family member to care for the patient. The court allowed parole for 30 days subject to conditions. (Paras 4-7)
Issue of Consideration
Whether the petitioner, a convict serving life imprisonment under Sections 302 and 307 IPC, is entitled to parole on the ground of his mother's illness.
Final Decision
The petition is allowed. The respondents are directed to release the petitioner on parole for a period of 30 days from the date of his release, subject to conditions: (i) petitioner to furnish a bond of Rs.10,000/- with one surety; (ii) petitioner to report to the nearest police station once a week; (iii) petitioner not to leave the jurisdiction without prior permission; (iv) petitioner to surrender at the end of the parole period.
Law Points
- Parole is a reformative process
- not a suspension of sentence
- Parole can be granted on humanitarian grounds
- Conditions can be imposed to ensure security
- Prison authorities must consider parole applications sympathetically
