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Judgment
M. Nagaprasanna, J
The petitioner-convict is before this Court seeking his release on parole for the tenth time. The petitioner gets convicted for the offence punishable under Section 302 inter alia in SC No.99/2007 and has been in prison for more than 14years. The petitioner has also availed parole on nine occasions earlier and has not suffered any adverse entries, at any point in time.
Heard Shri Pradeep Patil, learned counsel appearing for the petitioner and Shri Rahul Cariappa, learned Additional Government Advocate appearing for the respondents.
The learned counsel appearing for the petitioner submits that the petitioner is entitled to be considered for premature release and the advisory board has not favourably considered his name on the ground that a crime registered 16years ago, when he was in JC, is the reason for non-consideration of the case of the petitioner by the advisory board.
The learned Additional Government Advocate would dispute the position with regard to the crime that is pending. However, would submit that there is nothing adverse that has been indicated against the petitioner, in any time, when the petitioner was out on parole.
In that light, I deem it appropriate to grant general parole to the petitioner for a period of 60days to begin from 09.04.2025 to 07.06.2025.
For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed in part.
(ii) The impugned endorsement bearing No.HD/119/PRA-2018 dated 21.04.2020 issued by the respondents stands quashed.
(iii) Respondents No.3 and 4 to consider the representation of the petitioner and release the petitioner on general parole for 60days, from the forenoon of 09.04.2025, till the evening of 07.06.2025.
(iv) The respondents No.3 and 4 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.8174) to the gaol and that he shall not commit any other offence during the period of general parole.
(v) The petitioner (CTP No.8174) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his general parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the petitioner would evade going back to the gaol, after the expiry of the period of general parole.
(vi) Registry is directed to communicate this order to the respondents, by way of electronic mail, forthwith.
(vii) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner – convict while he is out on general parole.