Bail For Convicted Criminals During Pendency of Appeal
The law was discussed in Sonadhar v. State of Chhattisgarh [2021] GCtR 3448 (SC) and directions were issued that Legal Services Committee has to examine the feasibility of filing bail applications in case of ‘life sentence’ cases ; such an exercise may be undertaken where eight years of actual custody has been undergone.
Rejection of Parole : Whether Parole Rejection Order was Proper ?
In one of the case, issue of parole arose.
In Naveen Kaushik v State (NCTD) [2016] GCtR 4367 (Delhi), authorities have rejected the request for grant of parole.
Order of the authorities was challenged.
It was held that "it is trite to say that there are number of judicial pronouncements in which it has been held that it is the constitutional right of every convict to be released on parole in order to prosecute proceedings before a higher court."
Order rejecting parole was set aside and parole was ultimately granted in Naveen Kaushik v State (NCTD) [2016] GCtR 4367 (Delhi).
The Lesson Learnt : Denial of parole can be a subject matter of litigation, if the fact situation so demands.
Written by
Vishal
Delhi
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