Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 Section–3 and Rule–3(3) The Himachal Pradesh Good Conduct Prisoners (Temporary Release) Rules, 1969 and Para 19.12 of the Himachal Pradesh Prison Manual, 2021–Second and subsequent release on parole–Eligibility for a second parole before six months of actual imprisonment–
The petitioner sought parole on the grounds of the serious illness of his mother–Extension of parole during his second parole rejected–Held–That, once the State Authorities have granted parole to the petitioner twice between the period, without insisting for requirement of expiry of 6 months period then dropping the request for parole of 28 days is not tenable–State Authorities cannot be permitted to approbate and reprobate qua Para 19.12 of the Manual–Parole should be granted to assist prisoners in maintaining family bonds and social reintegration, as it aids in their rehabilitation–Further held–That, the relevant Manual provisions should not override the express statutory provisions, which do not impose a six-month waiting period for subsequent parole requests, provided the convict has maintained good behaviour–Petition allowed. (Para 6)