RAMESH KUMAR Vs. THE STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution r/w Section 482 of the Code of Criminal Procedure for quashing the order dated 27th March, 2009 whereby the application of the petitioner for grant of parole was rejected.

(2.) IT has been stated in the petition that the appeal of the petitioner against his conviction having been dismissed by this Court on 2nd February, 2009, he intends to prefer a Special Leave Petition before the Hon 'ble Supreme Court and wants to engage a competent lawyer after arranging finances for this purpose. The petitioner applied for grant of parole vide dispatch No. 1360 dated 14th February, 2009. The request having been rejected, he has filed the present writ petition challenging the order of rejection of parole.

(3.) IN Sunil Pulchand Shah v. Union Of India and Ors. : (2000) 3 SCC 409, which was a case of detention in CFEPOSA Act, a Constitutional Bench of the Hon 'ble Supreme Court held that for securing release on parole detenu has to approach the court concerned or jail authorities, who may impose conditions and the grand of parole shall be subject to those terms and conditions. It was further held that the bar of judicial intervention to direct temporary release of a detenu would not affect the jurisdiction of High Court under Article 226 of Constitution or of Supreme Court under Article 32 or 136 or 142 of the Constitution to direct the temporary release of the detenu, whose request to be released on parole had been, in the opinion of the court, unjustifiably refused or where in the interest of justice such an order of temporary release is required to be made. That jurisdiction, however, has to be sparingly exercised by the court and even then it is appropriate that the court leaves it on administrative or jail authorities to direct the conditions and terms on which the parole is to be availed by the detenu.