LAWS(BOM)-2014-1-207

VINCY PEREIRA Vs. STATE OF GOA

Decided On January 24, 2014
VINCY PEREIRA Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Learned Public Prosecutor waives service on behalf of the respondents. Heard both sides.

(2.) The brother of petitioner namely Shri Vincy Pereira is behind bars as convict in one NDPS case since the year 2006. Sentence of 10 years Rigorous Imprisonment is given against him and fine amount of Rs.1 lac is imposed on him. It appears that he has already undergone 7 years of imprisonment. He requested the jail authorities for releasing him on parole on the ground that his mother is sick. The authority has rejected the application by holding that the sickness does not fall under serious illness which is required to be shown under Rule 324 of Prison Rules.

(3.) The learned Counsel for the petitioner took this Court through certificate with regard to sickness of mother of the convict. The certificate shows that his mother is aged about 65 years. She is high diabetic patient. She is not showing improvement. She also suffers from accelerated hypertension with cervical spondylosis. She is advised to take bed rest and to attend follow up dates once in a week. Somebody is expected to look after her.