Sunday , November 17 2024

High Court

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Mumbai: Observing that if parole can be granted on a sad occasion then why not on a happy occasion, the Bombay High Court granted parole to a convict to send his son who is going to Australia for further studies.

The court said that while in jail, the accused is given conditional release for some time to handle his family affairs and to introduce the culprit to the outside world. The culprit is also someone's son, husband or brother.

Mrs. Bharti Dangre and N.Y. Deshpande said in the July 9 order that the provisions of parole and furlough are considered from time to time as a humanitarian approach.

The government claimed that parole is usually granted in emergency situations. Parole is not granted to arrange money for studies and to send off the son. However, the court did not accept this argument.

The High Court said, if grief is an emotion then happiness is also a kind of emotion and if parole is given to share grief then why not for a happy occasion. The court has granted 10 days' parole to Srivastava. Srinivas was convicted in a murder case in 2012 and is serving life imprisonment. He was found guilty in 2018 and appealed against the sentence in 2019.

According to the application, his son has been selected to pursue a course in Australia and the fee is Rs 36 lakh. One month's salary was demanded to manage this amount.

The purpose of granting parole or furlough is to enable the offender to maintain contact with his family life and resolve family issues. The High Court said that a person can maintain mental balance and be optimistic about the future by taking an active interest in life and avoiding the ill effects of prison.

The basic purpose of the benefit provided under the prison rule is to maintain the faith of the convict in the justice system. In this case, the father will not be able to arrange the amount until his son avails the opportunity. A son has the right to bid a final farewell to his father and he cannot be deprived of this moment, which can make Tev feel proud as a father, the court said.