CHANDRAPAL KHUBIRAM RAJORIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant-Applicant has been convicted by the Additional Sessions Judge, Greater Mumbai for offence punishable under Section 302 and is undergoing life sentence. During the pendency of the Appeal, present Application has been filed praying for releasing the Applicant on parole for a period of 30 days. In the alternative to grant him temporary bail in order to attend the marriage ceremony of his sons scheduled on 9 th December, 2010. This Application was moved on 2 nd December, 2010. It was taken up for hearing on 3 rd December, 2010 when we thought it appropriate to direct the concerned Authority to decide the Applicant's request for grant of parole on or before 6 th December, 2010. Pursuant to the said direction, the concerned Authority considered the parole request of the Applicant and has rejected the same principally on the ground that the Applicant is not eligible for grant of parole in terms of Rule - 19 of the statutory Rules.

(2.) In view of the said decision which was conveyed to us yesterday, we called upon the Learned APP to take instructions whether it will be possible for the police officials to escort the Applicant to enable him to attend the marriage of his two sons and can be brought back soon thereafter especially because the Applicant is willing to bear the entire cost of transport and other allowances of the police officials. The Learned APP now informs us that there is one more case registered against the Applicant for offence punishable under Section 323 of IPC with Deonar police station. He, however, is not in a position to state about the status of the said FIR whether it has ended in conviction or acquittal of the Applicant.

(3.) It is not in dispute that Applicant is in custody since 2008. It is also not in dispute that in the past the Applicant has availed of furlough leave and has abided by the conditions imposed by the concerned Authority.