CRIMINAL LAW ROUNDUP: A quick recap of the top criminal cases from January 2025
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
Parole
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A quick legal roundup to cover important stories from all High Courts this week.
‘Uniform policy required for granting furlough/parole as authorities adopt pick and choose policy’; Bombay HC grants furlough leave to two prisoners who surrendered late
In cases of late surrender with no element of escape but only element of delay in surrendering they can be examined on the facts and circumstances and merits of each case.
Balancing victim’s safety and accused rights, Rajasthan High Court grants parole away from Rape survivor’s residence
The Court directed that the petitioner’s parole will be cancelled if he is involved in any offence or if any report of misconduct is lodged against him during the parole period.
Bombay HC releases murder convict on parole to arrange for son’s intended departure to Australia for higher education
The Court emphasised that if parole could be granted for the purpose of celebration of marriage, the same benefit can be extended to the convict for the instant contingency and the same shall not be denied merely because the Prison (Bombay Furlough and Parole) Rules, 1959 does not contemplate such contingencies
Cogent material required to indicate convict’s parole likely to endanger security of state; Punjab and Haryana HC directs District Magistrate to reconsider parole application
The Court stated that parole enables a prisoner to develop a feeling of self-confidence that there is a life beyond prison and develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner.
Delhi HC denies parole to a convicted terrorist; Permits one time video call to see and talk to his parents
The Court opined that it is faced with a situation where it has to balance the interest of the State and the Country on the one hand, and the longing of an accused to see his parents, who are unable to travel to Delhi.
Raj HC orders POCSO convict to serve parole at a place away from victim’s residence to balance victim’s safety and accused’s rights
“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”
Delhi High Court denies parole to Ravi Kapoor serving life imprisonment in Soumya Vishwanathan and Jigisha Ghosh murder cases
“There is a need to respect the rights of convicts and need to acknowledge the importance of being released on parole for several purposes, including for maintaining social ties with family. However, the Courts are bound to consider counterbalancing public interest while deciding issue of grant of parole.”
Filing SLP to challenge dismissal of criminal appeal is crucial right of convict; Delhi High Court grants four-weeks parole to convict for filing SLP
“Except the two incidents wherein punishment was awarded to the petitioner, the nominal roll does not find mention of any misconduct on the part of the petitioner, after May, 2017 till date i.e. for the last more than six years.”
Redemption and rehabilitation of prisoners must receive due weightage; Himachal Pradesh HC grants parole to convict for solving his personal and family issues
“Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens.”
Karnataka HC directs release of a convict on furlough for attending daughter’s nikaah
A convict has to keep in contact with the civil society although sporadically, so that his societal roots do not dry up when he languishes in the jail.
HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on Rights of HIV Patients; 2002 Godhra Riots; WB Teachers’ Recruitment Scam and many more| SCC Blog
A quick legal roundup to cover important stories from all High Courts this week.
COVID-19 Parole ends; Undertrial Prisoners/Convicts to return to prisons as Supreme Court directs them to surrender
The Supreme Court observed that the undertrial prisoners/convicts were not released on merits but were released only to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons.
“Daughter’s wedding is an auspicious occasion, presence of bride’s father is most appropriate”; Kerala High Court grants parole to murder convict for attending daughter’s wedding
Kerala High Court was of the view that the opportunity to participate in the daughter’s wedding must ordinarily be treated as part of the liberty under Article 21 of Constitution of India.
Including parole period while determining 14 years’ actual imprisonment for premature release may lead to influential persons applying for multiple paroles: SC
Supreme court has upheld a decision by the Bombay High Court that the period of parole should be excluded from the period of the sentence when considering 14 years of actual imprisonment for the purpose of premature release of convicts.
Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict
The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.
Writ under Art 226 maintainable for grant of extension of parole; Himachal Pradesh High Court dismissed petition under S. 482 CrPC
Himachal Pradesh High Court: Vivek Singh Thakur, J. dismissed the petition filed under Sec 482 Criminal Procedure Code (‘CrPC') for
Canada SC | Imposing consecutive 25-year parole ineligibility periods cruel and unusual by nature, cannot be justified in a free and democratic society
Supreme Court of Canada: A full bench comprising, Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal JJ unanimously