Vincy Pereira vs State of Goa

T.V. Nalawade, J.—Rule. Rule made returnable forthwith. Learned Public Prosecutor waives service on behalf of the respondents. Heard both sides. The brother of petitioner namely Shri Vincy Pereira is behind bars as convict in one NDPS case since the year 2006. Sentence of 10 years Rigorous Imprisonment is given against him and fine amount of Rs. 1 lac is imposed on him. It appears that he has already undergone 7 years of imprisonment. He requested the jail authorities for releasing him on parole on the ground that his mother is sick. The authority has rejected the application by holding that the sickness does not fall under serious illness which is required to be shown under Rule 324 of Prison Rules.

The learned Counsel for the petitioner took this Court through certificate with regard to sickness of mother of the convict. The certificate shows that his mother is aged about 65 years. She is high diabetic patient. She is not showing improvement. She also suffers from accelerated hypertension with cervical spondylosis. She is advised to take bed rest and to attend follow up dates once in a week. Somebody is expected to look after her.

The authority has given other reasons that there is other son of the mother also to take care of her. The age of the convict is 32 years. He is unmarried. He is on the verge of the completion of substantive sentence. It can be said that on similar grounds, in the past, parole was given at least on 4 occasions and lastly it was given for the period from 30/4/2013 to 8/6/2013, which was 40 days. The submissions made do not show that the convict committed the breach of conditions at any time and the submissions show that he returned to jail in time. In view of this circumstances, this Court holds that the authority ought to have granted parole on the ground mentioned in the application. In the result, the petition is allowed. The parole of 30 days is to be granted to the convict. The petitioner is to be released on furnishing bail bond of Rs. 10,000/- with one surety in the like amount and as per the other conditions which are generally imposed at the time of parole. Conditions are to be mentioned in the order of release of parole by the jail authority. Rule is made absolute. Petition stands disposed of.