SHIVAPPA BELLAD Vs. SUPERINTENDENT OF OPEN AIR PRISON

JUDGEMENT

(1.) Petitioner, who is serving a prison sentence is knocking at the doors of Writ Court seeking inter alia the following prayer: "(b) Issue a Writ Order or direction in the nature of mandamus to the Respondents to consider the requisition of the Petitioner for grant of general parole for 30 days (extendable) so as to enable him to attend his ailing mother...as per Rule 191 of the Karnataka Prison Rules..."

(2.) Learned counsel appearing for the Petitioner submits that his client has currently served a prison sentence of 7 years, during which his conduct has remained good. He adds that during the course of his sentence, his mother has suffered certain health problems. Owing to old age, he adds that his client's application for parole couldn't have been rejected by the Superintendent of Police vide letter no. OAJ/J1/589/2022-2023, without appreciating the however, owing to the declining health condition of petitioners mother. Petitioner adds that he would provide an undertaking given through his counsel that he will not seek extension of parole period. This submission is placed on record.

(3.) Learned AGA on request having accepted notice for the respondents opposes the petition contending that parole & furlough are not a matter of right. On being asked as to the conduct of the petitioner convict serving the sentence all these years, in all fairness, he stated that no adverse entries are reflected in the Jail Conduct Register.