FIR registration cannot be ground for denial of parole

Mere registration of an FIR cannot be made basis to decline parole to prisoners as they should be allowed to maintain their families and social ties. They should also be given an opportunity to solve their personal and family problems and enable them to maintain their links with society.

The Himachal Pradesh High Court held this while dealing with a petition filed by a prisoner challenging the decision of the District Magistrate, Kangra, to reject his application for the grant of parole for 42 days for agricultural purpose.

It was contended in the petition that the request of the petitioner for parole had been rejected on the ground that during the petitioner’s previous parole in January 2024, on account of his involvement in an altercation, an FIR was registered against him under Sections 341, 323, 325, 504 and 506 of the IPC.

The petitioner, in the writ petition, termed the said FIR as false and frivolous.

While allowing the petition, Justice Virender Singh observed that “the final result of the said FIR cannot be anticipated, as such, the same cannot be taken to be a negative factor for considering the relief for which the present petition has been filed.”

The court set aside the rejection order and allowed the prayer of the petitioner for the grant of parole for 42 days.