STATE OF GUJARAT Vs. ANIRUDDHSINH MAHIPATSINH JADEJA

JUDGEMENT

(1.) This LPA has been preferred by the State and Inspector General of Police (Prison) to challenge the order of the learned Single Judge dated 14.8.2001 whereby against the decision of the authority of the State, parole has been granted to the petitioner who is a life convict for a period of five days so that he may offer condolences to the members of his family, after the accidental death of his younger brother on 18.5.2001.

(2.) Learned Single Judge, after considering the objections raised to the grant of parole of the petitioner, imposed stringent conditions requiring security and escort to be provided to the petitioner at his cost and on deposit of Rs. 1 lakh as a condition precedent of his release. The stringent conditions on which parole has been granted are required to be reproduced to appreciate the objections raised by the authority of the State to the grant of parole to the petitioner:

(3.) The Commissioner of Police ,Rajkot had recommended grant of parole , but the District Superintendent of Police, Rajkot had objected to the grant of parole by sending fax message in which it was stated that it would be hazardous to grant parole to the petitioner keeping in view the past criminal history and danger to his own life and all others. The application for grant of parole made to the State Government in accordance with Rule 18 of the Prison (Bombay furlough and Parole ) Rules, 1959 (`the Rules' for short) was not granted within a reasonable time after the accidental death of the younger brother of the petitioner. The petitioner,therefore, approached this court by way of a writ petition under Article 226 of the Constitution of India, whereupon, after hearing the learned counsel for the petitioner and learned counsel appearing for the State , parole was granted by the learned Single Judge on terms and conditions quoted above.