LawforAll

Showing posts with label parol. Show all posts
Showing posts with label parol. Show all posts
Wednesday, December 5, 2012

whether the appellant is entitled to be released on parole in the light of the order passed by this Court on 29.03.2001 in Subash Chander (supra)?=“23. However, in the peculiar circumstances of the case, apprehending imminent danger to the life of Subhash Chander and his family in future, taking on record the statement made on behalf of Krishan Lal(A1), we are inclined to hold that for him the imprisonment for life shall be the imprisonment in prison for the rest of his life. He shall not be entitled to any commutation or premature release under Section 401 of the Code of Criminal Procedure, Prisoners Act, Jail Manual or any other statute and the Rules made for the purposes of grant of commutation and remissions.”= In view of the order of this Court dated 29.03.2001 in Subash Chander (supra), we reiterate that the appellant is not entitled to normal parole in terms of Rule 9, however, in emergent cases involving humanitarian consideration, the Authority concerned is free to pass appropriate orders in terms of Rule 10 A(i) of the Rules. Even while considering such application, the Authority concerned is directed to adhere to the conditions mentioned in the said Rule, impose appropriate stringent condition(s) and see that by the temporary release of the appellant nothing happens to the complainant and his family and also pass appropriate orders giving them necessary protection. It is also made clear that if the Authority concerned is not satisfied with the reasons for temporary parole, it is free to reject such application. 13) With the above direction, the appeals are disposed of.

                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA    ...