(1.) The petitioner's husband, Thirupathirajan, is a life convict prisoner (CP.No.4432) and detained at Central Prison, Palayamkottai. When the petitioner had made an application on 13/1/2023 seeking for grant of 40 days ordinary leave under the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982, her request was rejected through the impugned order dtd. 31/1/2023, on the ground that the Madras High Court, in its order passed in W.P.No.10265 of 2021 dtd. 18/2/2022 (L.Wasib Khan Vs. The State and others - 2022 (2) CTC 598), had held that when an appeal against conviction is pending, the suspension of sentence should be sought for only before the Appellate Court. The rejection order is put under challenge in the present Writ Petition.
(2.) The core issue that arises for consideration in the present Writ Petition is as to whether the pendency of an appeal against conviction, before the Appellate Court, can be cited as an embargo for rejection of a request for grant of leave under the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982 (hereinafter referred to as "1982 Rules")?
(3.) The learned counsel for the petitioner submitted that Rule 35 of the Suspension of Sentence Rules prohibits grant of leave to a prisoner against whom a case is pending trial and therefore, the same cannot be equated to the pendency of an appeal.