RAMA NAGJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule. Mr. S.P. Dave, Addl. P.P. waives service of rule.

(2.) The petitioner-prisoner is in jail since 15/09/1986 and he has been convicted for offence under Section 302 of I.P. Code by judgment and order dated 16/04/1988. The petitioner-prisoner is denied parole on the ground that there is adverse police opinion against the prisoner. Cases in which the prisoners have remained in jail continuously for a period of two years are required to be considered with due sympathy. Even after two years of continuous imprisonment in jail if the police opinion is adverse to the prisoner, such police opinion requires to be scrutinised carefully. Merely on the basis of ipse dixit of police opinion, District Magistrate should not reject the application for parole if the ground advanced for parole is otherwise genuine and reasonable. Parole, in such cases, should ordinarily be granted by the District Magistrate/Jail authorities.

(3.) It is hoped that in such matters, liberal attitude will be adopted by the appropriate executive authorities and the prisoners will not be obliged to move this court. Even after a period of two years continuous imprisonment in jail if there is adverse police opinion, the same can be taken care of by imposing suitable conditions on the prisoner, such as reporting at the nearest police once or twice in a week and not entering a particular area and not leaving particular area, etc. We hope and trust that the District Magistrate concerned will take the aforesaid observations into consideration and will pass appropriate orders in the matter of parole.