M RAJENDER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard both the Counsel at the stage of admission.

(2.) We are not inclined to say that the learned Government Pleader, Mr. C. Sadasiva Reddy, is not right in opposing the request of the appellant for grant of parole for a period of three months. Suspension of Sentence on Parole Rules, 1981 speak about the power of jail authorities and the Government in considering the request for grant of parole. Rules 15,17 and 22, which are relevant read as under:

(3.) The appellant herein was the third accused in Sessions Case No. 42 of 1979 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad and he was tried for the offence under Section 302 read with Section 149 IPC along with other accused. He was acquitted by the Sessions Court. However, on appeal the High Court in Crl. Appeal No. 1244/79 convicted and sentenced him to suffer imprisonment for life. He is now undergoing sentence of imprisonment in Chanchalguda Jail. On the first occasion, the appellant was granted parole for a fortnight and again for a fortnight on the second occasion with police escort. Again, he made an application seeking parole on the ground that his mother, who is aged 80 years, is sick and he has to attend her as she is psychologically depressed. He made a request for grant of parole for a period of three months. The application of the appellant was sent to jail authorities, who submitted the report on 4-9-1996 certifying about the conduct of the appellant in jail and he is entitled for parole. Relevant portion is extracted hereunder: