Dear All
Pl. discuss in detail about the provision of parole, requirement, procedure & formalities etc for getting parole for a person convicted u/s 302 for imprisonment for life.
Bhawani Mahapatra (Law Officer) 15 October 2012
Dear All
Pl. discuss in detail about the provision of parole, requirement, procedure & formalities etc for getting parole for a person convicted u/s 302 for imprisonment for life.
KISHAN PRATAP SINGH DEORA (Specialization- Criminal Matters 138 Negotiable Instruments Act Property Law Matrimonial Disputes Societies Trusts & NGOs Registration etc. ) 16 October 2012
Greetings Mr. Mahapatra,
Parole is not an act of right but an act of grace... Though there are different Parole Rules for each and every state but substantially they are same... I have worked on Parole Rules of Rajasthan... Please go to the shared files section and you will find 2 files recently shared by me on the topic....
To be eligible to apply for parole ordinarily you must have undergone 1/4th of your sentence... for this purpose i.e. calculating the 1/4th period in the case of life imprisonment... the total period of LI is presumed as 20 years therefore 1/4th would be 5 years.....
So does it mean that you can never be released on parole if you have not served 5 yrs... NO.... you can .... by applying for emergency parole which is granted on 4 grounds... either our case should fall in one of those or we shall make it fall.
Though Grant of Parole is subject to Decision of Parole Board, Your Jail Record, Possibility of you escaping, 1/4th sentence & other conditions given under Rule 14
Bhawani ji as situation differs from case to case... and circumstances of each case demand a different approach... this would be my general advise to you to go through the Parole rules of your state and then apply accordingly... If your case falls in Rajasthan Plz feel free to write to me for discussing further intricacies.
Best of Luck,
Adv. K. P. Singh Deora
Advocate & Legal Consultant
Bhawani Mahapatra (Law Officer) 16 October 2012
Thank you very much Mr. KPS.
KISHAN PRATAP SINGH DEORA (Specialization- Criminal Matters 138 Negotiable Instruments Act Property Law Matrimonial Disputes Societies Trusts & NGOs Registration etc. ) 16 October 2012
Happy to help