AMIN DAR Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) LEARNED counsel for the petitioner has filed two writ petitions for passing appropriate directions. First of all, I would like to deal with the writ petition bearing OWP No. 1662/2014. The brief material facts of the case are that the petitioner was convicted under Section 302 RPC and Section 27 of the Arms Act by the learned Additional Sessions Judge, Ramban, and was sentenced to undergo life imprisonment under Section 302 RPC and 7 years rigorous imprisonment under Section 27 of the Arms Act in terms of judgment dated 20.08.2002. It is stated that this Court vide judgment dated 02.03.2011 acquitted the petitioner under Section 27 of the Arms Act, but upheld his conviction and sentence under Section 302 RPC. It is further stated that while the petitioner was serving the sentence, he got seriously ill and is receiving treatment in the various Government Hospitals of the State for various types of ailments he is suffering. It is further stated that after evaluating the petitioner in the Cardiology Department of SKIMS, he was declared as a case of Old IWMI, a triple vessel disease. The case of the petitioner is that due to the ailment he is suffering, he requested the respondents to release him on parole. His case was referred to the Superintendent of Police, Ramban, which is his actual place of lodgment, who in turn informed the respondent No. 4, the Superintendent, Central Jail, Srinagar, where he is presently lodged that his office shall have no objection if the petitioner is released on the eve of Independence Day of 2014. It is contended that after getting necessary inputs from respondents 3 to 5, respondent No. 2, the Director General of Prisons, Jammu & Kashmir, authorized temporary release of the petitioner from custody in terms of order dated 04.10.2014 for a period of six weeks subject to certain conditions in the order itself.

(2.) IT appears that pursuant to order dated 04.10.2014, the petitioner was released by respondent No. 4 on 16.10.2014, with a direction to the petitioner to surrender back in the Central Jail, Srinagar. It is stated that thereafter the petitioner went to the SKIMS Hospital, Srinagar, and got himself examined. He has appended a photocopy of the opinion of the doctor concerned which reveals that since the petitioner suffers from heart disease, therefore, he should remain in homely atmosphere as there are chances of second impact in stressful situation. It is contended that in view of this situation, the petitioner submitted an application on 18.11.2014 to the respondent No. 2 requesting therein to extend his period of parole which was expiring on 28.11.2014 for some more months, so as to enable him to have day today checkups done in SKIMS Hospital, Srinagar.

(3.) UPON consideration of the matter, one of the coordinate Benches of this Court, directed the respondent No. 2 to consider the grant in extension of parole of the petitioner on the strength of the pleas taken in the representation and pass orders within ten days and the matter was directed to be listed on 08th December, 2014; till then it was provided that the petitioner shall not surrender. It is seen from the record that the respondent No. 2 after considering the matter in the light of the representation made by the petitioner read with the ad interim direction passed by this Court in the aforementioned writ petition, passed an Order No. 149 of 2014 dated 03.12.2014, which has the effect of rejecting the case of the petitioner for extension of the period of parole.