Convict Can't Be Denied Consideration For Parole Because He Didn't Seek Suspension Of Sentence Or Bail: Karnataka High Court

The Karnataka High Court has held that a convict can't be deprived of being considered for parole merely because he didn't file for suspension of sentence or bail.

The Court was considering a Writ Petition seeking direction to the Prison Authorities to release the Petitioner's son on general parole for a period of 90 days in accordance with law, citing the illness of the convict's mother.

The Bench of Justice Suraj Govindaraj held, ".....in my considered opinion, it would not be required for a convict to file an application for suspension of sentence and/or bail instead of filing an application for parole. The non-filing of such an application for suspension of sentence and/or bail would not deprive the convict of consideration for parole, if such application is submitted."

The Petitioner was represented by Advocate Sirajuddin Ahmed, while the Respondent was represented by Additional Government Advocate Sharad V. Magadum.

Facts of the Case

The Petitioner's son was convicted for life by the Additional District and Sessions Judge for the offences punishable under Sections 341 and 302 of the Indian Penal Code. Though the Petitioner had filed an Application for suspension of sentence and bail, the same was withdrawn

The Additional Government Advocate submitted that, since the Appeal filed by the Petitioner's son is pending, they could always move an Application for suspension of sentence and/or bail in the said proceedings, and hence, the question of granting parole would not arise

Reasoning By Court

The Court at the outset recalled its rulings wherein it was held that the pendency of a criminal appeal by the convict would not come in the way of considering an application for parole and that even if an application for bail were to be rejected, an Application for parole could still be considered.

"The submission of the learned Additional Government Advocate that an application for bail or suspension of sentence should be filed, and that an application for parole cannot be considered without such filing, is not sustainable. In such cases, an application for suspension of sentence would be for suspending the entire sentence pending consideration of the criminal appeal. An application for bail would also be for grant of bail, pending consideration of the criminal appeal. Both suspension of sentence and bail are not restricted by time, whereas an application for parole is timebound and is normally granted for a period of 30, 60, or 90 days, extendable if circumstances so require. After the expiry of the parole period, the convict is required to report back to jail and continues to undergo incarceration for the remainder of the sentence", the Court observed.

The Petition was accordingly partly allowed.

Cause Title: Eshwaramma vs. State of Karnataka (2025:KHC-D:10270)

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