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Case Law Details

Case Name : Rakesh Shende Vs State of Chhattisgarh (Chhattisgarh High Court)
Appeal Number : Writ Petition (Cr.) No.29 of 2016
Date of Judgement/Order : 18/11/2016
Related Assessment Year :
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Application for temporary leave (parole) has to be decided by District Magistrate keeping in view that the object of parole is to rehabilitate the convicted prisoner.

1. The object of granting parole is to make necessary efforts to rehabilitate a convict prisoner in the main stream of society based on “Karuna” (compassion) as well as on human consideration.

2. His Lordship A.P. Sen, J, speaking for the Supreme Court, while highlighting the object of parole in the matter of Poonam Lata v M.L. Wadhawan and others, observed in no uncertain terms that “release on parole is a wing of the reformative process and is expected to provide opportunity to the prisoner to transform himself into a useful citizen. Parole is thus a grant of partial liberty or lessening of restrictions to a convict prisoner”.

3. The concept of “Karuna” with reference to right of a prisoner who stand convicted for a criminal offence has been highlighted by His Lordship V.R. Krishna Iyer, J, speaking for the Supreme Court, in the matter of Inder Singh and another v. State (Delhi Administration)2 as under: –

“… parole will be allowed to them so that their family ties may be maintained and inner tensions may not further build up. …”

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