NIROSHA Vs. STATE

JUDGEMENT

(1.) The petitioner's husband, R.Rajesh Kumar @ Rajesh, who has been convicted in connection with a judgment passed by this Court in Crl.Appeal No.465 of 2021 for a period of ten years, is claimed to have completed two years of incarceration. In the present writ petition, the petitioner seeks for grant of Ordinary Leave for a period of twenty one days leave for release of her husband.

(2.) Learned Additional Public Prosecutor submits that the Probationary Officer has not made any favourable recommendation for release of the petitioner's husband. However, he has also stated that the Jail Authorities themselves have granted an emergency leave for three days through Order dtd. 30/9/2023. However, for the reasons best known to the respondents, the order, granting such leave, was not implemented. In this background, the present writ petition has been filed.

(3.) Pending writ petition, we passed an order on 12/1/2024 by recording the submission of the learned Additional Public Prosecutor that the authorities are likely to release the petitioner's husband on three days emergency leave and accordingly, had directed the authorities to ensure that the petitioner's husband is released with escort in plain clothes only.