Jail authorities need to be sensitive while granting parole, says HC

Observing that the jail and police authorities need to be sensitive while granting parole or furlough orders, the Bombay High Court recently allowed a murder convict to attend his brother's wedding.

A bench of Justices Sunil Shukre and Avinash Gharote was upset with the ‘condition’ imposed by the jail authorities upon the convict for releasing him on emergency parole for a day. As per the condition, the convict was asked to bear the costs of the hefty police bandobast charges, being deployed to enable him to attend the wedding ceremony.

"In principle, the authority has considered him as eligible for being released on emergency parole of one day. But, while exercising discretion in his favour, the authority, instead of putting a condition of his visit daily to Police Station, the authority has directed him to be released on one day parole under police bandobast, the expenses of which would be borne by him," the judges noted.

The judges further opined that now if it is to be believed that the expenses for police bandobast are to be borne by the convict, then it comes to about Rs 1,50,000, would have to be inferred that grant of emergency parole to him is nothing but an illusion created for him and that he would not really be in a position to witness one of the joyous occasions in his family.

“The impugned order notes the fact that he has never been released, either on parole or furlough and therefore, his conduct in terms of his respect for the conditions stipulated in the orders of release either on parole or furlough, is yet to be tested," the judges opined.

“But, at the same time, it is seen from the impugned order that there is no adverse remark expressed therein about his conducnt. If this is so, we are of the view that the petitioner can be considered to be released on one day’s emergency parole by imposing alternative condition of appearing before the local police," the order added.