Justice Vivek Singh Thakur of Himachal Pradesh High Court has held that petition for an extension of parole must be filed under Article 226 of the Constitution and not under Section 482 CrPC.

The Court thus observed –

"Omission or commission on the part of concerned authority in granting or rejecting the claim of a prisoner under H.P. Good Conduct Prisoners (Temporary Release) Rules, 1968 is an administrative action, but not an action governed by provisions of Code of Criminal Procedure or any other Criminal Law and therefore, I am of considered opinion that in such a case, instead of filing petition under Section 482 Cr.PC, a petition under Article 226 of Constitution of India shall be maintainable."

In this case, a petition under Section 482 CrPC was filed before the High Court for the extension of the term of parole granted to the Petitioner on medical grounds.

The Court noted that the grant of parole to a convict/prisoner is governed by the Himachal Pradesh Good Conduct Prisoners (Temporary Release), Act, 1968, and Rules framed thereunder.

The Counsel of the Petitioner after being faced with the situation, sought permission from the Court to withdraw the petition with the liberty to file appropriate Petition under Article 226 of the Constitution, with further submissions that till filing of Civil Writ Petition, the petitioner may not be subjected to any action by concerned Authorities for not surrendering before concerned Jail Superintendent for expiry of his parole period because he is suffering from a serious ailment and is not able to move out from his house and at present, he is at Mujjaffarnagar.

The Court after considering the submission of the Petitioner's Counsel dismissed the Petition as withdrawn with liberty for filing as prayed for filing afresh comprehensive petition.

Further, the Court also held that if the Petition is filed within a reasonable period and taking into account the peculiar condition of health of the Petitioner, the Respondent Authority shall not take any coercive action till 15th July 2022 enabling the petitioner to file an appropriate petition and thereafter, case of the petitioner shall be governed by order, if any, passed by Court, in the petition so preferred by petitioner, failing which Authority shall be at liberty to take appropriate action thereafter.

Accordingly, the Court disposed of the Petition.

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