Case Note & Summary
The petitioner, Ganesh Uttam Kamble, was convicted under Section 376 of the Indian Penal Code for the offence of rape and was serving his sentence at Yerwada Central Prison, Pune. He filed an application for parole on 17 October 2016, which was rejected by the authorities on 7 January 2017. The petitioner appealed against this rejection, but the appeal was dismissed on 30 March 2017. Aggrieved, he filed the present writ petition before the Bombay High Court. The sole ground for rejection was a Government Notification dated 1 December 2015, which expressly states that prisoners convicted of the offence of rape are not entitled to be released on parole. The High Court, after hearing both sides, found no merit in the petition. The court observed that since the petitioner was convicted under Section 376 IPC, the notification squarely applies, and there was no error in the order rejecting parole. Consequently, the court discharged the rule and dismissed the petition. The court also directed the office to communicate the order to the petitioner in Yerwada Central Prison.
Headnote
A) Criminal Law - Parole - Eligibility - Section 376 Indian Penal Code, 1860 - Notification dated 1/12/2015 - The petitioner, convicted for rape under Section 376 IPC, applied for parole. The application was rejected citing the Government Notification which bars parole for prisoners convicted of rape. The High Court upheld the rejection, holding that the notification is a valid policy decision and no error was found in the impugned order. (Paras 1-2)
Issue of Consideration
Whether a prisoner convicted under Section 376 of the Indian Penal Code is entitled to parole in light of the Notification dated 1/12/2015 barring parole for rape convicts
Final Decision
Rule discharged; petition dismissed. The court found no error in the rejection of parole application.
Law Points
- Parole not available to prisoners convicted of rape under Section 376 IPC as per Government Notification dated 1/12/2015
- Parole is a privilege not a right
- Courts cannot interfere with executive policy on parole eligibility
