ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is seeking parole on the ground of his mother being seriously ill. According to averments made in the writ petition, his mother is suffering from 1 HD Angina with hypertension and his condition is reported to be critical. It is alleged that the father of the petitioner had also expired, as such there is none else to took after his mother. It has been given out that the petitioner had approached to this court earlier in S.B. Writ Petition No. 5257/ 90 and the same was dismissed on March 21, 1991 with the direction to the jail authorities to consider his application for grant of parole. It has been averred that subsequently he moved an application on April 3, 1991 before the jail authorities and he was informed by the jail authorities that his application has been referred to the District Magistrate, Jaipur as provided under the Parole Rules. The petitioner has stated that no further action has been taken till now and the condition of his mother is deteriorating day by day as such, he should be granted parole for a period of two months. The petitioner has filed affidavit in support of his averments.

(2.) In reply, the non-petitioners have stated that the application of the petitioner is under consideration of the District Magistrate. There is no allegation in the reply that the petitioner's behaviour or conduct is not good, so as to disentitle him from the benefit of parole.

(3.) It may be stated that Rule 10A provides provisions for parole in emergent cases, involving humanitarian considerations. The illness of the mother is one of the grounds on which such parole can be granted. The petitioner had moved the application for grant of parole as back as in March, 1991. As per Rule-21, such application should be considered by the District Magistrate expeditiously and he should communicate his recommendation to the concerned Committee within 4 days from the receipt of the application for grant of parole, such application is also required quick disposal by the State Government in case the committee is not functioning;