BARKAT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused petitioner as per the letter cum petition which has been treated as writ petition, was convicted u/s 302 I. P. C. on 16th October 1982, and was sentenced to imprisonment for life. An appeal was filed by him and that too was dismissed by the High Court, Jodhpur, and petitioner is presently undergoing sentence in Central Jail Jaipur. THE Special Leave Petition is said to be pending before the Supreme Court. THE petitioner seeks release on parole for a period of 60 days to enable him to repair his kachha house which was said to have been damaged by rain during last year.

(2.) THE contention of the. learned counsel is that the petitioner is entitled to be released on parole on humanitarian ground to enable him to repair his house. It appears from the writ petition that the petitioner has been released on emergency parole on as many as three occasions during the year 1983 and 1988. According to the petitioner his conduct during the period to which he was released on parole, was good.

(3.) I do not like to interfere in the case but with the above observations it is hereby directed that if the petitioner applies for release on parole within two weeks to the concerned authorities, the authorities shall consider his application in the light of the rules and on humanitarian considerations to enable the petitioner to construct or repair his house. A copy of the order may be given to learned counsel for the petitioner free of costs and one copy may be sent to Superintendent, Central Jail, Jaipur. .