NARESH Vs. STATE

JUDGEMENT

(1.) The present is a petition under Art. 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) praying for a direction to the official respondent to release the petitioner on parole in order to enable him to arrange funds for his family as well as to re-establish social ties with the family and with the society.

(2.) The petitioner is aggrieved by the order dated 17.02.2016 whereby his representation for grant of parole on the above stated grounds was rejected by the Competent Authority for the following reasons:-

(3.) Insofar as, the first reason ascribed by the competent authority whilst rejecting the petitioner's representation for parole is concerned, the same has been rendered irrelevant in view of the circumstance that six months have in fact elapsed since the time the petitioner last surrendered on the expiry of the parole granted to him. Insofar as, the second ground is concerned, the competent authority has failed to consider the fact that although the petitioner surrendered late on the previous occasion when he was last released on parole but he did surrender voluntarily. The third ground is an adverse police report, which is without any cogent material in support thereof. It is also contrary to the circumstance that he was released on parole on an earlier occasion and is not stated to have misused the liberty granted to him.