PYARU BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 10.3.2016 whereby the Appeal against the order rejecting the application of petitioner for releasing her husband on parole has been dismissed.

(2.) In brief, the petitioner's husband, Modu Jat S/o Ramaji Jat was convicted by the trial court on 13.12.1999 for offences under sections 302/34, 222, 223, 224 and 34 of the Penal Code and section 25 and 27 of the Arms Act and was sentenced to life imprisonment. Appeal against the said judgment was dismissed by the High Court by order dated 22.06.2009. The application for releasing the petitioner's husband on parole was filed by the petitioner on 28.07.2015 on the ground that the petitioner was not keeping well. The respondent No.3 had submitted the report on 11.09.2015 recommending the rejection of the application and respondent No.2 had rejected the application on 16.09.2015. The petitioner had earlier filed W.P.No.7247/2015 which was dismissed as withdrawn since the petitioner had remedy to prefer an Appeal. The Appeal so preferred by the petitioner has been rejected vide impugned order dated 10.3.2016.

(3.) Learned counsel appearing for the petitioner submits that respondents have committed an error in rejecting the application of petitioner for releasing her husband on parole. He further submits that under the provisions of the Prisoners Act, 1900 and M.P. Prisoners Leave Rules, 1989 the petitioner's husband is entitled for release on parole. Learned counsel for respondents has opposed the writ petition and submitted that petitioner's husband is not entitled for release on parole.