SHAKILA Vs. STATE

JUDGEMENT

(1.) Captioned writ petition has been filed by wife of a convict prisoner (Mr.R.Manoharan, son of Thiru.Rajalingam, Convict No.8610) now lodged in Central Prison, Salem. To be noted, the convict prisoner was convicted and sentenced to undergo life imprisonment for an offence under Sec. 302 read with Sec. 109 of 'Indian Penal Code (45 of 1860)' ['IPC'] in S.C.No.109 of 2005 on the file of Principal Sessions Judge's Court, Trichy.

(2.) Ms.K.Akshaya, learned counsel for petitioner, submits that a representation dtd. 18/1/2023 has been sent by the petitioner (convict prisoner's wife) seeking 40 days ordinary leave on two grounds viz., a) ill-health of convict prisoner and b) the poor and failing health of convict prisoner's old mother.

(3.) The third respondent in and by an order dtd. 3/2/2023 bearing reference No.1486/jF3/2023 negatived the request for 40 days ordinary leave by adverting to Sec. 2(4) of the 'Tamil Nadu Suspension of Sentence Rules, 1982' [hereinafter 'said Rules' for the sake of convenience]. To be noted, Sec. 2(4) defines 'sentence'. A perusal of 3/2/2023 order of the third respondent refers to an order dtd. 18/2/2022 made by another Hon'ble Division Bench in W.P.No.10265 of 2021. To be noted, this is L.Wasib Khan's case and we have perused the same by going into official website of this Court.