Pradeep's parole granted for house reconstruction and son's medical treatment after successful legal battle
In a significant ruling, the Bombay High Court, Nagpur Bench, has granted a 25-day parole to a prisoner, Pradeep, allowing him to attend to urgent personal matters, including reconstructing his demolished house and attending to his son's medical needs. The bench comprising Justices Urmila Joshi Phalke and Nivedita P. Mehta delivered this judgment, emphasizing the importance of addressing compassionate grounds for parole.
Pradeep, initially convicted in 2020 under the Indian Penal Code and the Protection of Children from Sexual Offences Act, was serving a 10-year sentence after his appeal reduced his original 14-year sentence. Following the demolition of his house due to government acquisition for an international airport in Panvel, and the subsequent lack of compensation, Pradeep sought parole to rebuild his home. His legal journey to secure parole was fraught with challenges, including multiple applications and rejections by the Divisional Commissioner, Amravati.
The court, recognizing the genuine nature of Pradeep's request, noted that there was no record of misconduct during his previous parole. Furthermore, the medical exigency concerning his son, who required treatment at MGM Medical College and Hospital, Mumbai, strengthened his case for parole. The court referenced Rule 13 of the Parole Rules, which supports granting parole under circumstances like illness of family members and natural calamities affecting property.
Despite opposition from the State, which argued that parole for similar reasons was previously granted, the court highlighted the necessity of considering new developments and the petitioner's persistent efforts to comply with legal procedures. The court directed Pradeep to furnish a personal bond of Rs. 25,000 and provide one surety, with an undertaking to surrender after the parole period.
This decision underscores the judiciary's role in balancing legal obligations with humanitarian considerations, providing relief to individuals facing extraordinary personal crises.
Bottom line:-
Parole can be granted to a prisoner based on compassionate grounds, such as the need to construct a house due to demolition caused by government acquisition and medical exigencies of family members, provided there is no history of misconduct during prior parole releases.
Statutory provision(s): Indian Penal Code Sections 376(2)(i)(n), 506(II); Protection of Children from Sexual Offences Act Sections 3, 4, 5, 6; Rule 13 of the Parole Rules.
Pradeep v. State of Maharashtra, (Bombay)(Nagpur Bench)(DB) : Law Finder Doc id # 2888504
