Prisoner Cannot Be Deprived Of Attending Important Family Event, Relatives, Take Care Of Family: Punjab And Haryana HC

The Punjab and Haryana High Court has observed that a prisoner cannot be deprived of attending an important family event owing to the reason that immediate relatives usually take care of the family members of the person under incarceration.

Justice Anoop Chitkara made the said observation while dealing with a petition filed by a prisoner undergoing his sentence seeking the grant of parole on the ground of attending a family marriage.

"Although the petitioner is not entitled to get parole under the parole rules, the aura of Article 21 of the Constitution of India would remove any such restrictions if the facts and circumstances justify such parole. A prisoner cannot be deprived of attending a significantly important family event because the family members and the immediate relatives, apart from friends and the neighbors, usually take care of the family members of a person under incarceration," the Court said.

It added:

"The prisoner also longs for their cooperation, support, and even financial help. In return, such persons would also expect the prisoner to reciprocate by attending their sacrosanct family functions, fully aware that such presence is fraught with the risk of social boycott or dejection."

The petitioner was undergoing sentence in relation to the offences under sec. 392, 397, 302 and 120B of IPC and sec. 25, 54 and 59 of the Arms Act.

It was the case of the petitioner that after his written request to the concerned Jail Superintendent received no response, the petition was filed seeking grant of parole.

He submitted that for the reason of him being the only Mama of the bridegroom, it was important for him to perform the religious roles according to Hindu rites.

"Given above, the petition is allowed and the petitioner shall be release on parole for fourteen days, to subject to furnishing requisite bonds to the satisfaction of the concerned authorities," the Court ordered.

However, the Court added that the parole would be subject to the condition that the petitioner shall surrender all weapons, firearms, ammunition, if any, along with the arms license to the concerned authority during the release period and shall not repeat or commit any offence.

Accordingly, the petition was allowed.

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