VIRENDER KUMAR @ MINTU Vs. STATE

JUDGEMENT

(1.) The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking a mandamus to the official respondent to release the petitioner on parole in order to enable him to repair his damaged house as well as to re - establish social ties with the family and society.

(2.) The petitioner is aggrieved by the order dated 31.03.2016 whereby his representation for grant of parole on the above stated grounds was rejected by the Competent Authority for the following reasons: -

(3.) The reasons stated by the Competent Authority are contrary to the record, inasmuch as, this Court had already released him on parole w.e.f. 30.03.2015 to 30.04.2015, after considering the scope and ambit of para 12.5 of Parole/Furlough Guidelines, 2010. Insofar as, the other reason stated in the rejection order is concerned, the same cannot be countenanced, in view of the circumstance that it is trite to say that every convict in long incarceration is entitled to parole to re -establish social and family ties and for physical and mental well being. Furthermore, photographs of the family house of the petitioner have been placed on record, which clearly support his contention that the said house is in a dilapidated condition and needs repair.