VidhiSangh

Supreme Court of India · 11/09/2017

ASFAQ versus STATE OF RAJASTHAN & ORS.

[2017] 11 S.C.R. 571 · 2017 INSC 884

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that conviction for a heinous offence and prior Supreme Court affirmation of conviction did not themselves bar parole consideration by the High Court. Parole decisions must balance rehabilitation and family ties against concrete public-safety risks. It nevertheless dismissed this life convict’s appeal because the adverse reports addressed relevant risks, while permitting a later renewed request if circumstances improved.

Issues

  1. Whether the nature of the conviction alone justified refusal of parole.
  2. Whether the High Court could decline consideration because the Supreme Court had upheld conviction.
  3. Whether the adverse reports justified refusal in this case.

Held

Result

Appeal dismissed; parole refused at that stage, with scope for a later renewed application on improved circumstances.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 571.