RASHID 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.) praying for a direction to the official respondent to release the petitioner on parole in order to enable him to institute an SLP before the Hon'ble Supreme Court of India.

(2.) The petitioner is aggrieved by the order dated 22.02.2016 whereby his representation for grant of parole on the above stated grounds was rejected by the Competent Authority for the following reasons: -

(3.) The reasons stated by the Competent Authority whilst rejecting the petitioner's representation for parole in the order impugned herein cannot be sustained, in view of the circumstance that the petitioner cannot be visited with the consequences of the apathy of the administration in conducting police verification. As far as the question of, the applicability of Para 12.5 of the Parole/Furlough Guidelines: 2010 is concerned, the same are guidelines and cannot be applied blindly in every case.