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Judgment
Nikhil S. Kariel, J
Heard learned APP Mr.Raval appearing on behalf of the respondent State.
Rule. Learned APP Mr.Raval waives service of Rule on behalf of the respondent State.
By way of this application, the applicant – convict prays for being released on long parole leave.
I have gone through the jail record of the applicant, as also considered the averments made in the application. The jail remarks show that the applicant has been convicted for the offence punishable under Section 302 of IPC amongst others and sentenced to undergo life imprisonment. It also appears that up till now, the applicant has undergone approximately 17 years and 4 months of incarceration. It also appears that the applicant had absconded for a period of approximately 3000 days from the year 2001 to 2009. It also appears that after 2009, the applicant had been released on furlough on quite a few occasions and except for two occasions, the applicant had more or less surrendered in time. It also appears that the applicant was lastly released on furlough leave in the month of May-June, 2021. It appears that the applicant had been released on parole leave on three occasions after 2009 and on all three occasions, the applicant had surrendered in time, lastly the applicant being released on parole leave between July 2021 to August 2021.
Considering the period of incarceration undergone by the applicant and considering the fact that lastly the applicant has been released on furlough in the month of May-June 2021 and on parole in the month of July-August 2021, this Court is inclined to consider this application albeit for a reasonable period of time and not as requested by the present applicant.
Having regard to the circumstances as narrated herein above, the present application deserves consideration. Hence, the present applicant is directed to be released on parole leave for a period of 21 days (twenty one days) from the date of his actual release on executing a personal bond of Rs.10,000/- (Rupees ten thousand only) before the Jail Authority concerned and on usual terms and conditions, as may be imposed by the Jail Authority.
The applicant – convict shall surrender before the Jail Authority on completion of parole leave without fail. Rule is made absolute to the aforesaid extent. Registry is directed to send a copy of this order to the Jail Authority concerned forthwith.