Constitution of India, 1950
Article 226 read with Section 482 CrPC—Writ—Prayer for parole—Opposed by State on ground that petitioner had jumped the emergency parole granted during the COVID-19 epidemic—Petitioner was not given intimation about the date on which he was supposed to surrender before the jail authorities—No document has been placed by the State to show that petitioner was informed about his date of surrender and despite that he did not surrender—Fact that personal freedom is a priceless fundamental right which should only be restricted when necessary in the light of the unique facts and circumstances of the case—Petitioner has undergone 13 years of imprisonment—Petitioner is entitled to released on parole—Petition allowed.
[Paras 5 & 7]