Denial of Parole

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06-Aug-2026

High Court of Himachal Pradesh

Deep Ram v. State of H.P. & Others

"Once the claim of a convict for parole originates and is governed by the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act and Rules and the Statute and Rules framed thereunder do not place any embargo or restriction that the second parole cannot be considered/granted before expiry of 6 months period."

Justice Sandeep Sharma

Source: Himachal Pradesh High Court

Why in News?

A Bench of Justice Sandeep Sharma, in Deep Ram v. State of H.P. & Others (2026), held that a prisoner's request for parole cannot be denied solely on the ground that six months have not elapsed since his previous release on parole, ruling that Paragraph 19.12 of the Himachal Pradesh Prison Manual, 2021 cannot curtail the statutory entitlement to seek parole conferred under the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968.

What was the Background of Deep Ram v. State of H.P. & Others (2026) Case?

The petitioner, Deep Ram, is undergoing a 20-year sentence under the Narcotic Drugs and Psychotropic Substances Act, 1985, along with his wife, who was convicted in the same case; both are lodged in Model Central Jail, Kanda.
Having already served over nine years of imprisonment, the petitioner had earlier been released on parole on eight occasions and had surrendered back to prison on time on each occasion, without any violation of conditions.
The petitioner sought parole for 28 days to attend to his wife, who was scheduled to undergo ear surgery at Indira Gandhi Medical College (IGMC), Shimla.
The prison authorities rejected his parole application solely on the ground that six months had not passed since his previous parole, relying on Paragraph 19.12 of the Himachal Pradesh Prison Manual, 2021.
Aggrieved by the rejection, the petitioner approached the High Court under Article 226 of the Constitution of India, seeking quashing of the rejection order and a direction for his release on parole.

What were the Court's Observations?

On the absence of a statutory embargo: The Court observed that the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 and the Rules framed thereunder do not place any restriction barring consideration of a second parole before expiry of six months from the previous release, and that a convict's claim for parole is governed solely by the parent Act and Rules.
On the status of the Prison Manual: The Court held that the Prison Manual is subordinate legislation and cannot introduce conditions inconsistent with or contrary to the parent Act and Rules, and therefore the six-month restriction under Paragraph 19.12 of the Himachal Pradesh Prison Manual, 2021 could not override the statutory framework.
On the petitioner's conduct record: Noting that the petitioner had been granted parole on eight earlier occasions, had surrendered within time on every occasion, and had no adverse report against his conduct, the Court held that the authorities had no justification to reject his application solely on the ground that six months had not elapsed.
On procedural non-compliance: The Court found that the petitioner's application had not even been forwarded to the District Magistrate for a report under Section 6 of the Act, and had instead been rejected solely on the basis of the Prison Manual, rendering the rejection legally unsustainable.
On the relief granted: Allowing the writ petition, the Court quashed the order rejecting the petitioner's parole application.

What is Parole?

About:
- Parole is the temporary release of a prisoner who agrees to certain conditions before their sentence is finished.
- Parole is defined as a conditional release of a prisoner, generally under supervision of a parole officer, who has served part of the term for which he was sentenced to prison.
- These conditions often include regular check-ins with a parole officer, maintaining employment or attending educational programs, and refraining from criminal activity.
- Parole is typically granted based on factors such as good behavior, the nature of the crime, and the potential for rehabilitation.
- It allows individuals to reintegrate into society gradually while still under supervision.
- Violating the terms of parole can result in the individual being sent back to prison to serve the remainder of their sentence.
Objective of Parole:
- Facilitating the maintenance of familial ties and addressing family-related matters for the prisoner.
- Mitigating the adverse impacts of prolonged incarceration on the prisoner's well-being.
- Fostering the enhancement of the prisoner's self-confidence.
- Cultivating positive outlooks and engendering active engagement with life for the prisoner.
Types of Parole:
- Custody Parole:
  - It is provided in emergency situations.
  - Except for foreigners and those serving death sentences, all convicted persons may be eligible for this parole for 14 days for reasons such as the death or marriage of a family member.
- Regular Parole:
  - Offenders who have served at least one year in prison are eligible for regular parole for a maximum of one month.
  - It is allotted on certain grounds like marriage, accident, death, illness in a family or delivery of child etc.

What is Legal Provision Involved in Parole?

The grant of parole falls under the purview of rules established under the Prison Act, 1894, and the Prison Act, 1900.
Various state governments have formulated guidelines to ensure objectivity and facilitate decision-making regarding the granting of parole in specific cases.
These decisions are made in accordance with the guidelines framed periodically.
For instance, in Maharashtra, the Prisons (Bombay Furlough and Parole) Rules, 1959, have been enacted under the rule-making power conferred by Section 59(5) of the Prisons Act, 1984.
These rules provide a framework for the administration and regulation of parole in the state.
Sunil Fulchand Shah v. Union of India, 2000, emphasized that “parole does not amount to suspension of sentence”.
- This observation underscores that parole cannot be equated with the suspension of a sentence as outlined in Section 432 of the Criminal Procedure Code.

What are the Differences between Bail and Parole?

In Indian law, parole and bail are distinct legal concepts with different purposes and implications:

Aspect	Parole	Bail
Definition	Parole entails a conditional release from prison prior to serving the full sentence, contingent upon maintaining good conduct.	Bail involves the provisional release of an accused individual awaiting trial, often subject to the provision of security or a bond.
Purpose	To facilitate the rehabilitation or reintegration of long-term inmates into society, parole is granted	Bail ensures the appearance of the accused in court while permitting them to continue their normal life until trial.
Eligibility	Typically granted to long-term prisoners with a record of good conduct, parole is not accessible for individuals convicted of severe offenses like murder or rape.	Bail is generally available to most accused individuals, except in cases involving serious crimes or where there's a risk of flight or danger posed by the accused.
Duration	Granted by either the prison authorities or the court, depending on the jurisdiction.	Granted by the court.
Conditions	Conditions of parole may entail regular reporting to the police, abstaining from illegal activities, and occasionally remaining within a designated area.	Conditions of bail typically involve attending court hearings regularly, refraining from criminal conduct, and sometimes restrictions on travel or placement under house arrest.

While both parole and bail involve temporary release from custody, they serve different purposes and are granted under different circumstances in Indian law.
Parole is for individuals already serving a sentence, aiming at rehabilitation and reintegration, while bail is for those awaiting trial, ensuring their presence at legal proceedings.
Being allowed to take an oath while still in custody is indeed a special circumstance, akin to a temporary release or special parole for the purpose of fulfilling official duties.
- It doesn't equate to being released on bail, as the individual remains in custody except for the specific event or activity for which they are granted permission to leave.