The Allahabad High Court dismissed the petition of a convicted prisoner seeking release on parole for the treatment of his mother suffering from heart disease, saying the state government has the right under the UP (Prison Punishment Suspension) Rules 2007. If the Government wishes, it can suspend the prisoner’s sentence and order his release in view of the special circumstances, the Court said. Under the situation, the petition, the High Court said, is not maintainable.
The order was given by a division bench of Justice S.P. Kesharwani and Justice Shamim Ahmed on the petition of Rinku @ Brijendra of Sisolar Police station area of Hamirpur.
The Petitioner is a convict in Session Trial under Sections 148, 302/149 I.P.C. and Sections 29 & 30 of Arms Act, Police Station – Sisolar, District Hamirpur.
The petitioner said that his old mother is bedridden due to heart disease. She needs proper care and examination and, therefore, he be granted parole for her treatment. The Government Advocate said that one should go to the competent court for parole and the petition in the High Court is not maintainable.
The Court, considering the provisions of the manual, said the Government can suspend the punishment by asking for investigation report from the District Magistrate and SP. He can be released for one month on parole, taking a release bond. The suspension of the sentence for one month may also be increased. The conditions of suspension of the sentence are mentioned in the manual, the Court said.