Convict seeks parole from HC to find wife & curb depression due to COVID-19
Justice Prateek Jalan directed the police to file a status report after verifying the address and health condition of the petitioner's family, with whom he intends to stay if parole is granted.
The court also directed that the status report shall also "disclose the precautions which are being followed by the jail authorities while releasing the prisoners on parole or bail and at the time they are returned to custody, inter alia, in terms of the directions of the High Powered Committee".
With the direction, the court listed the matter for hearing before an appropriate bench on May 19.
The petitioner has challenged the authorities December 2019 decision to reject his application for parole "to explore the possibility of finding a suitable match, to maintain social ties and family relations, and to curb inner stress and depression due to incarceration".
The high court had on January 14 issued notice to the police and called for his nominal role. However, due to the COVID-19 outbreak, the court's functioning was restricted and his plea could not be heard.
Subsequently, he moved two applications -- one seeking early hearing of his plea and another for grant of parole on the grounds of coronavirus pandemic.
His lawyer told the court that the grounds upon which parole was sought from the State included the requirement to curb inner stress and depression due to incarceration which has been exacerbated due to the COVID-19 pandemic.
The police told the court that his application for parole was rejected by the authorities as on an earlier occasion when he was granted the relief in 2011, he committed an offence in respect of which he was convicted on February 22, 2018 for dacoity, robbery, and conspiring to commit these crimes.
On the ground taken by the police regarding violation of an earlier parole, the court said despite his conviction in 2018, he was, thereafter, released on parole twice in 2018 and 2019 which were not misused by him.
The court also noted that according to his nominal roll he worked as a 'sahayak' in the jail and his conduct has been satisfactory at least for last one year.
The petitioner was earlier convicted in 2005 in a murder case and sentenced to life imprisonment by a trial court.
His appeal against the 2005 order of the trial court was dismissed by the high court in 2009. HMP SKV RKS RKSRKS