SHARDA JAIN Vs. STATE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India, challenging the order dated 23rd November, 2009 whereby request of the petitioner for grant of Parole was rejected only on the ground that she had availed seven days interim bail in that year.

(2.) The petitioner was convicted in the case registered vide FIR No. 313/02 Under Section 364/302/201/120B IPC and read with Section 25/27 A. Act at PS Keshav Puram. The appeal filed by the petitioner, being Crl. A. No. 51/2007 was dismissed by Division Bench of this Court vide Judgment dated 27th August, 2009. The petitioner intends to prefer Special Leave Petition before the Hon'ble Supreme Court against the Judgment of the Division Bench, whereby her appeal has been dismissed.

(3.) The grant of Parole being essentially an executive function, it is for the Government to consider the request made by the convict for the purpose and to pass an appropriate order on it. If however, the order passed by the Government, declining parole is based upon irrelevant ground or extraneous considerations or is otherwise wholly unsustainable being an order which no reasonable person could, in the facts and circumstances of the case have passed or is totally perverse or arbitrary, it is open to the Court, in exercise of its powers under Article 226 of the Constitution to set aside such an order and direct release of convict on parole.