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Judgment
Nikhil S. Kariel, J
Rule returnable forthwith. Learned Additional Public Prosecutor Ms.Asmita Patel waives service of Rule on behalf of the respondent – State.
By way of this application, the applicant prays for being released on parole leave for the purpose preferring appeal against the judgement and order passed by this Court, whereby the appeal has been rejected.
Jail remarks show that applicant had been convicted for the offences punishable under Section 302 of the Indian Penal Code and sentenced to life-imprisonment. It also appears that up till now, the applicant has undergone approximately 14 years and 2 months of incarceration. It also appears that lastly the applicant had been released on furlough leave in the month of April – May 2022 and on parole leave in the month of October - November 2022. It also appears that as and when the applicant had been released, he had surrendered in time.
Considering the reason stated and having regard to the period of incarceration the applicant has already undergone, this Court is inclined to allow this application. The applicant is directed to be released on parole leave for a period of 21 days from the date of actual release on executing personal bond of Rs.10,000/- (Rupees Ten Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority.
The applicant convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent. Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.