Pending bail plea, criminal appeal no ground to deny parole: Karnataka High Court
Karnataka High Court parole order, Article 21 parole rights: The Karnataka High Court has granted parole to a man sentenced to 20 years in jail in a rape case with his criminal appeal pending.
Karnataka High Court parole order: The Karnataka High Court granted parole to a man, observing that his pending bail application and criminal appeal were no grounds to deny him parole.
Justice Suraj Govindaraj said rejecting parole “solely on the ground that an appeal and application for bail is pending” was not “sustainable”.
The convict, sentenced to a 20-year jail term, had challenged his conviction and sentence by way of an appeal which is pending in the high court.
“The appeal which is pending would be considered on its own merits by the Court seized of the matter, the bail application would also be considered on its own merits. There is a distinction between parole and bail application,” the October 30 order held.
The convict’ s wife moved the high court to set aside the order rejecting her husband’ s parole request.
A trial court in Bengaluru had convicted the man in October 2022 for rape.
He appealed against his sentence in 2024, which was pending at the time when he filed a parole application.
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Highlighting the difference between parole and bail, Justice Govindaraj said, “Parole applies for a short period of time, whereas bail would apply during the entire period of consideration of the appeal.”
Granting relief, the court ordered the release of the man on general parole for 90 days, starting November, and outlined his incarceration of more than four years.
The court also underscored the purpose of parole, saying it helps a prisoner to “maintain harmonious relationship with family” which allows the “integration with society at a later point” properly.
Denial of parole only because of a pending criminal appeal will act against the ‘principles’ provided in ‘Article 21’ of the Indian Constitution”, the order added.
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The court order directed the registrar to communicate with the authorities concerned by way of email for taking “necessary and immediate action”.
The convict was directed to mark his attendance in the jurisdictional police station once weekly throughout the period of parole.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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