TIKA RAM Vs. STATE

JUDGEMENT

(1.) WP(Crl.) No. 57/2009.

(2.) THE present petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. seeking a direction to the respondent to release the petitioner for a period of three months on parole to enable him to make arrangements for the admission of his child daughter; to arrange for the medical treatment of his 80 years old father; and, to re -establish long severed ties with his family members and society. Notice in this petition was issued. Verification has been carried out and an additional status report has been handed over in Court today. As per the status report, the father and daughter of the petitioner are residing along with Mahender Singh, one of the two brothers of the petitioner. The father of the petitioner is about 79 years of age and the daughter is stated to be seven years of age. As per the status report, the antecedents of convict and his family have been verified and nothing adverse has been found against them.

(3.) I have heard learned counsel for the parties. In the case of Shailesh Jasvantbhai vs. State of Gujarat reported at : (2006) 2 SCC 359, the Apex Court while discussing the sentencing policy, observed: