Case Note & Summary
The petitioner, Harvindarpal @ Deelip Gurumitsingh, a convict serving life imprisonment at Vasapur Open District Prison, filed a Criminal Writ Petition before the Bombay High Court (Aurangabad Bench) seeking parole for 45 days to arrange medical treatment for his wife, who was suffering from a serious ailment. The petitioner had been convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 and was undergoing sentence. He had previously been granted furlough and parole, and had surrendered on time. The respondents, including the State of Maharashtra and prison authorities, opposed the parole on grounds that the petitioner might abscond. The court considered the submissions and held that parole is a reformative process and can be granted for humanitarian reasons, including medical treatment of family members. The court noted that the petitioner had a good track record of surrendering on time. The court allowed the petition and granted parole for 45 days, subject to conditions such as reporting to the police station weekly, not leaving the jurisdiction, and surrendering on expiry. The court also directed the petitioner to furnish a surety and execute a bond. The judgment was pronounced on 30 October 2017 by a division bench comprising Justice S.S. Shinde and Justice Mangesh S. Patil.
Headnote
A) Prison Law - Parole - Medical Treatment of Family Member - Parole granted for wife's medical treatment - Convict sought parole for 45 days to arrange treatment for his wife suffering from a serious ailment - Court held that parole is a reformative process and can be granted for humanitarian reasons, including medical treatment of family members - Conditions imposed to ensure compliance and prevent absconding (Paras 1-10) B) Prison Law - Parole - Conditions - Imposition of Conditions - Court can impose conditions to ensure convict's return to prison - Conditions include reporting to police station, not leaving jurisdiction, and surrendering on expiry - Held that such conditions are necessary to balance reformative purpose with security concerns (Paras 8-10)
Issue of Consideration
Whether a convict can be granted parole for the medical treatment of his wife, and whether the authorities can impose conditions to ensure his return to prison
Final Decision
The petition is allowed. The petitioner is granted parole for 45 days from the date of his release, subject to conditions including furnishing a surety, executing a bond, reporting to the police station weekly, not leaving the jurisdiction, and surrendering on expiry of the parole period.
Law Points
- Parole is a reformative process
- not a suspension of sentence
- parole can be granted for medical treatment of family members
- conditions can be imposed to ensure compliance
