Chandigarh: The Punjab and Haryana High Court has ruled that marriage cannot be used as a ground to deny parole, setting aside an order that refused a prisoner’s regular parole application solely because his wife was already out on parole.
A Division Bench of Justice Rajesh Bhardwaj and Justice Amarjot Bhatti passed the order while allowing a criminal writ petition filed by a convict against the State of Haryana and others. The petitioner had challenged a May 12 order rejecting his request for 10 weeks of regular parole.
According to the petitioner’s counsel, the parole application was rejected only because the prisoner’s wife had already been granted parole, with authorities stating that his request would be considered only after she surrendered.
The counsel informed the court that the petitioner had earlier been released on 10 weeks’ regular parole under orders dated October 14/15, 2024, and had surrendered before prison authorities after the parole period ended.
It was further submitted that the petitioner’s wife had been granted 10 weeks’ regular parole under an order dated July 5, 2024. However, prison authorities had refused to release her simultaneously with her husband when he was on parole.
The petitioner had challenged that decision before the High Court in 2024, where a coordinate Bench had ruled that there is no legal bar on granting parole to both husband and wife at the same time.
Relying on the earlier judgment, the Division Bench observed that the fact that one spouse is on parole cannot be used as a reason to deny parole to the other.
The court also reiterated that parole is a valuable legal right and an important step towards the reformation and rehabilitation of prisoners, as it helps them maintain family and social ties and facilitates their reintegration into society after completing their sentence.
