Pending Appeal No Ground To Deny Parole, Says Karnataka High Court

The Karnataka High Court has ruled that a pending criminal appeal or bail application cannot be grounds to deny parole to a convict, the Indian Express reported.

The judgment came while granting 90-day parole to a man serving a 20-year sentence in a rape case.

Justice Suraj Govindaraj, who delivered the order on October 30, said rejecting parole “solely on the ground that an appeal and application for bail is pending” was not “sustainable.”

The convict’s wife had moved the court after his earlier parole request was rejected.

The man was convicted by a Bengaluru trial court in October 2022 for rape.

He appealed the conviction in 2024, and while that appeal remains pending, he applied for parole citing personal reasons and prolonged incarceration.

Clarifying the distinction between bail and parole, Justice Govindaraj observed, “The appeal which is pending would be considered on its own merits by the Court seized of the matter, the bail application would also be considered on its own merits. There is a distinction between parole and bail application.”

He further explained, “Parole applies for a short period of time, whereas bail would apply during the entire period of consideration of the appeal.”

Granting relief, the court ordered the man’s release on general parole for 90 days beginning in November, noting that he had already spent more than four years in prison.

The order also highlighted the rehabilitative purpose of parole, stating that it enables prisoners to “maintain harmonious relationship with family” and facilitates their “integration with society at a later point.”

The court added that denying parole merely because an appeal is pending violates the principles of Article 21 of the Constitution, which guarantees the right to life and personal liberty.

The registrar was directed to inform the concerned authorities for immediate implementation of the order.

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