MOHD. MARGOOB Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has been tried, convicted and sentenced to undergo life imprisonment for the commission of an offence punishable under Section 307 of Indian Penal Code.

(2.) THE complaint is that he has undergone sentence for about ten years, however, not being released on parole. The request for being released on parole has been made on the ground that he has to go to his native place at Muzaffarnagar (U.P.) to know about the well being of his ailing mother. According to him, the request so made has been erroneously rejected. His case for the grant of parole has not been processed irrespective of the directions issued by this Court in Cr. MMO No. 4001 of 2013, decided on 30.8.2013.

(3.) IT is seen that the petitioner is undergoing sentence of life imprisonment awarded against him in a case under Sections 307, 326 and 324 of Indian Penal Code. It is on 12.11.2012, he made an application for being released on parole on the ground that his mother is ill and had to be operated upon on account of stone in her gallbladder. The Ward Member from Local Ward No. 29, Nagar Palika Parishad, Muzaffarnagar had intimated the Superintendent, Model Central Jail, Kanda, Shimla in writing about such ailment of his mother and qua she has to undergo surgery. However, when no action was taken, he made an application to this Court, which was registered as Cr. MMO No. 4001 of 2013. Irrespective of a direction of this Court, his case for being released on parole is stated to be not considered favourably so far. Response to this petition filed by the respondents -State amply demonstrates that no doubt, the mother of the convict -petitioners was having stone in her gallbladder and she was to be operated upon for the same, however, since the District Magistrate, Muzaffarnagar (U.P.) has not recommended the release of the convict -petitioner on parole on account of he having been convicted and sentenced for the commission of a heinous offence, he cannot be released on parole. It is not known that his mother is still suffering from such disease and/or is operated upon or not. Nothing also can be said about the purpose for which the convict -petitioner has sought the parole, whether with the passage of time exists or not. Therefore, no order qua his release on parole can be passed in this petition. He, however, is at liberty to approach the jail authorities again by way of filing an application on the ground of ailment of his mother or any other ground. In case any such application is filed by the convict -petitioner, it is expected of the jail authorities to consider the same strictly in accordance with the provisions contained under Sections 3, 4, 5 and 6 of the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 and dispose it of by a speaking order. In case such order is against the convict -petitioner, liberty is reserved to him to move this Court again by filing appropriate petition in accordance with law.