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prisoner's human right

(Querist) 29 December 2009 This query is : Resolved 
I would like to know wheather a prisoner can attend marrige cerimoney of his grand daughter? A has been senctioned 2 years jail from district court. During case period he was in jail for 13 months. After he made appeal in high court and got bail in 1994. After 15 years the high court rejected his appeal in nov 2009. Now once again he is in jail at the age of arround 68 years. He is suffering from more than two or three dieases. Now in 2010 feb there will be a marrige ceremoney for his granddaughter. Can he get ten or fifteen days bail to attend the ceremoney? where to apply for this? what is the prosidure? Please guide me.
Raj Kumar Makkad (Expert) 29 December 2009
He should move an application with District Judge seeking leave along-with documentary evidence. If court accepts his application then he can definitely avail the leave.
Guest (Expert) 29 December 2009
After conviction and sentence is imposed, if a person has to go outside of the jail for a few days to attend the family obligation or recuperation, he can avail that opportunity and it is called "parole". Every State has got its own "parole rules". Generally, to grant the parole or to refuse it is with the State Government. Hence, the prisoner has to apply for "parole" to the concerned department of the State Government. If they are not considerng the parole or refused parole, he can approach the High Court under writ jurisdiction seeking a direction for "parole".

In addition to above, I want to say one more thing. Even though, I do not know full facts of the case, it appears after your appeal failed in High Court, you should approach the Supreme Court and on the date of first hearing (within 15 days of filing the appeal before Supreme Court, the matter comes for hearing)ask for bail till disposal of the case. If your lawyer advises, you can also take a position before the Supreme Court that while accpting the conviction, you pray for reduction of the sentence to that period, which has already been spent by the prisoner. Generally, keeping in view of the age of the prisoner and if it is his first offence, the Supreme Court has got power to reduce the sentnece, to the extent, already gone.

Wish you best of luck.


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