Punjab & Haryana High Court denies parole to convict for behaviour contrary to jail manual rules

feature-top

Read Order: Gulaba v. State Of Haryana And Others

LE Staff

Chandigarh, August 24, 2021: The Punjab and Haryana High Court has rejected the plea of a convict seeking eight weeks parole for the repair of his family home, saying the petitioner is a hardcore criminal whose conducted has been found to be contrary to the rules mentioned in the Punjab Jail Manual. 

The Bench of Justice Augustine George Masih and Justice Ashok Kumar Verma said that the petitioner’s application for parole was rejected by the Divisional Commissioner, Ambala Division, Ambala on July 30, 2021 by observing that when the petitioner returned to jail after availing his parole on June 18, 2019, during his search he was found to be in possession of a narcotic substance, which was recovered from his inner wear.

On another occasion, search of his room in the jail premises yielded one mobile battery, for which the petitioner was kept in a separate security ward for 15 days.

The Jail Superintendent had passed an order of punishment to the extent of reduction of days in his remission and the said order has been approved by the District and Sessions Judge, Ambala during judicial appraisal.

“The petitioner, therefore, has been found to be hardcore criminal as per the provisions of the Punjab Jail Manual and, therefore, not entitled to the benefit as claimed,” the Bench observed.

The petitioner’s counsel, however, submitted that although there was recovery of the intoxicant from the inner wear of the petitioner, the quantity was not been mentioned. He further asserted that so far as recovery of one mobile battery from his room is concerned, the same cannot be attributed to the petitioner alone as he was not the sole occupant of the said room.

The Bench, however, said, “These contentions of counsel for the petitioner cannot be accepted in the light of the fact that the orders of punishment passed by the Jail Superintendent have been put up before the District and Sessions Judge, Ambala, for judicial appraisal, which have been found to be correct and in accordance with the statutory provisions of the Punjab Jail Manual”.

Since the petitioner falls in the category of hardcore criminal, the rejection order of application for parole for eight weeks for repair of house has been found to be justified and in accordance with law, the Bench said.

The High Court thus dismissed the plea seeking parole.

Add a Comment