Right of -- Sentenced for life imprisonment till natural life without remission – Divisional Commissioner rejected the petitioner's application for temporary release/parole, on the grounds that the trial Court by an order awarded her a sentence of imprisonment for life i.e. whole of her natural life, without any remission, consequent to her conviction for the offences u/s 302, 343 and 120-B of the IPC -- Divisional Commissioner’s order is legally unsustainable and set aside -- Petitioner’s application for parole remitted to the Divisional Commissioner to consider afresh in accordance with law.

(P&H HC) Decided on: 19.08.2020

Apprehension of threat -- NDPS case -- Conviction of petitioner u/s 22 of NDPS Act for 10 years -- Petitioner involved in three other cases (NDPS), out of which he was acquitted in one case and in the remaining two cases, he was convicted and sentenced to the period already undergone and was ordered to pay fine which he has deposited – Likelihood of his involvement in similar offence while on parole is not be taken as an active and real apprehension of threat to the security of the State or to the maintenance of public order -- Merely on apprehension, benefit of parole cannot be denied.

(P&H HC) Decided on: 07.01.2020

Sufficient cause – Old aged parents – Repair of house -- Conviction of petitioner u/s 22 of NDPS Act for 10 years -- Parents are of an advanced age and there is no one to take care of them at this old age and secondly, he claims that his house is in need of repairs -- Claim on both grounds has been verified by a Municipal Councillor -- Though expression “sufficient cause” as mentioned in Section 3(1)(d) of 1962 Act, has not been defined, but the reasons given by the petitioner for his release on parole will fall within the ambit of “sufficient cause” and therefore, his request is entitled to be accepted -- Petitioner is ordered to be released on parole for a period of six weeks.

(P&H HC) Decided on: 07.01.2020