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Judgment
S.R. Krishna Kumar, J
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent Nos.2 to consider her request for grant of premature release or general parole for a period of 90 days to her husband, who is a life convict – CTP No.3555 in terms of the Prison Manual.
Heard, learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for respondents.
The brief facts are as follows:
The petitioner’s husband commits a crime which ends up in his conviction in S.C.No.143/2013. On the registration of a crime for the offences punishable under Sections 341, 506, 366(a), 376, 376D, 307 of the IPC and under Sections 4, 6 17 of POCSO Act, the petitioner’s husband was convicted and sentenced to undergo rigorous imprisonment.
The petitioner’s husband continues to be in prison and is now in prison for the last 10 years and 11 months. On all the aforesaid basis, the petitioner seeks parole on the ground that her husband has been a life convict for over 10 years and 11 months. The petitioner pleads that she is suffering from several ill health and desires that her husband be with her.
I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
The aforementioned facts are not in dispute and therefore, requires no reiteration. The petitioner now seeks parole only on the ground that she is suffering from ailment and wants her husband to be in the family. Therefore, I deem it appropriate to grant the petitioner’s husband general parole for a period of 30 days, which becomes operational from 03.06.2024 to 03.07.2024.
In view of the aforesaid reasons, I pass the following:
ORDER
(i) The Writ Petition is allowed-in-part.
(ii) Petitioner’s husband–detenue Suresh, (CTP No. 3555) is granted general parole for a period of 30 days, which becomes operational from 03.06.2024 TO 03.07.2024.
(iii) The convict (CTP No. 3555) - shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No. 3555) would evade going back to the gaol, after the expiry of the period of general parole.
(iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that the convict shall not commit any other offence during the period of parole
(v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.
(vi) The petitioner’s husband is at liberty to seek extension of general parole, which shall be considered looking at the conduct of the convict, while he is out on parole.