The government cannot grant paroles in violation of the rules framed under Sec. 432 (5) of the Code of Criminal Procedure and against the provisions of Sec, 432 (2) of the CR. P. C.

T. LAKSHMINARAYANA REDDY, J.

( 1 ) THIS application is filed under S. 482 Cr. PC praying for cancellation of the parole granted to respondents 2 to 4, who are accused Nos. 1, 2 and 4, in crime No. 62/82 of Martur P. S. and SI. No. 9/83. Respondents land 3 are the appellants in Criminal Appeal No. 920/83 and respondent no. 4 is the appellant in Criminal Appeal No. 921/83, on the file of this court. The petitioners are wife and mother of late Kavuri Venkateshwarlu, bobbepalli, Addanki taluq, Prakasam district. The said Kavuri venkateshwarlu was murdered in the village on 13-7-1982. Respondents 2 to 4 and 7 others were prosecuted in this matter and four of them were found guilty of the offence under S. 302 IPC in S. c. NO. 9/83 on the file of the Session Judge, Ongole, Prakasam, and they were sentenced to undergo imprisonment for life. The respondents preferred appeals and they are pending in the High Court. The respondents also filed applications to grant bails, pending appeals but the High Court was pleased to dismiss the same.

( 2 ) WHILE the matters stood thus, the Government was pleased to grant parole to these respondents. And in order to cancel the said parole, the present petition is filed by the wife and mother of the deceased, on the ground, that parole was granted to these respondents against the provisions of law The sentence to undergo imprisonment for life was awarded against the respondents by the Sessions Court on 13-12-1983. The applications for bail preferred by these respondents were dismissed by the high Court on 29-12-1983. The wives of the three accused-respondents 2, 3 and 4 put in applications directly to the Minister for Home, without any dates on the applications, to release their husbands on parole. The second respondent s wife, simply stated that her health was not good having undergone an abdominal operation ; that her seven year old daughter was sick ; that they incurred debts and creditors are giving pressure to pay the debts back ; that she was having financial difficulties to run the bouse. Therefore, her husband may be released on parole for two months.

( 3 ) THE third respondent s wife stated in her petition for parole that the accused s mother became sick and wanted to see her son; that they incurred debts and the creditors are giving pressure ; that she intends to perform their son s marriage also ,and, therefore, her husband may be released on parole for two months.

( 4 ) THE fourth respondent s wife also put in an application stating that her husband incurred debts and that the creditors are giving pressure; that she wants to perform her daughter s marriage and, therefore, her husband may be released on parole.

( 5 ) EVERY ons of this petition is recommended by Gottipatti Hanumantha Rao, chairman, Zilla Parishad, Ongole, for consideration of the government. The Chief Minister, who happened to be the Home Minister also, at that fime, simply wrote on the applications : "parole granted for one month": The Home Department then issued the G. O. granting parole for one month to all these three respondents on 11-5-84. They were actually released from the jail on 31-5-1984.

( 6 ) THEN again, on 2-7-1984, all the three petitioners together put in one single application, stating, that by the time they were released from the jail, the muhurthams for the marriages were over; that the mother of one of the accused was sick; therefore, their parole may be extended by four months. The Chief Ministers wrote, "parole extended by one month" to C. Nos. 2923, 2924 and 2926", i. e. , the respondents 2 to 4. This application was recommended by one P. Koteswar Rao, MLA, Ongole. Then, again, on 3-9-1984, all these three petitioners put in another application, that they had to report to Jail on 1-8-1984, but because of the ill-health of nagaboina Rajamma, (perhaps, the mother of one of the respondents,) and that they are in financial difficulties, their parole may be extended by four more months. The Home Minister w

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