Case Note & Summary
The petitioner, Panu Navshya Bhonar, was a convict whose appeal was pending before the Bombay High Court. He filed an application for parole on 11 November 2016 on the ground of his wife's illness. The application was rejected by order dated 20 March 2017. He appealed, but the appeal was dismissed on 12 June 2017. Aggrieved, he filed the present writ petition. The High Court noted that one of the reasons for rejection was that his appeal was pending before the court. As per a government notification dated 26 August 2016, prisoners whose appeals are pending before a higher forum are not entitled to parole. Since the petitioner's appeal was pending before the High Court, the court found no error in the rejection order. The petition was dismissed, and the rule was discharged.
Headnote
A) Prison Law - Parole - Pending Appeal - Notification dated 26/8/2016 - The petitioner sought parole on the ground of his wife's illness. The application was rejected because his appeal was pending before the High Court. The Court held that as per the notification, prisoners whose appeals are pending before a higher forum are not entitled to parole. Since the petitioner's appeal was pending, no interference was warranted. (Paras 1-2)
Issue of Consideration
Whether a prisoner whose appeal is pending before a higher forum is entitled to parole under the relevant notification dated 26/8/2016
Final Decision
Writ petition dismissed; rule discharged. No interference with the rejection of parole.
Law Points
- Parole cannot be granted to a prisoner whose appeal is pending before a higher forum as per government notification
- Parole application rejected on ground of pending appeal is valid
