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2014 Supreme(AP) 1393

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Nooty Ramamohana Rao, J.
Irfan Ali - Appellant
Vs.
Government of Telangana and Ors. – Respondents
Writ Petition No. 19080 of 2014
Decided On: 11.07.2014

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Party-in-Person
For Respondents/Defendant: A.G.P.

Headnote:

Constitution of India – Art. 226 – Seeking extension of parole – Rejection of application – Challenged - Petitioner herein sought for a writ of mandamus for declaring the action of the respondents in not considering the Application submitted by him for extension of parole period and keeping it pending in File as bad in law petitioner was a convict bearing No. 3266 intern with the Central Prison Reddy District – He was a former government servant of Revenue Department – He was sentenced to undergo life imprisonment, upon conviction in Crime Police Station. Accordingly he has been undergoing imprisonment from date on which Sessions Court convicted him of offences – His wife is also stated to be not keeping well and she has been undergoing treatment in various hospitals in city – Held, petitioner, who appeared himself in the Court yesterday and today, would submit that he is a devout person following the strict regimen prescribed, to be followed during this holy month of is keeping and also offering his prayers five times a day and his wife is also being taken care of by him during this period. Keeping these factors in view and in view of the fact that he has been keeping good conduct and behavior in Central Prison – Court consider it appropriate to extend period of parole of petitioner till petitioner shall however, be bound by the same terms and conditions granted while releasing him on parole petitioner shall surrender before Superintendent Central Prison – Writ Petition stands disposed.

Order

Nooty. Ramamohana Rao, J.

1. The petitioner herein sought for a writ of mandamus for declaring the action of the respondents in not considering the Application submitted by him for extension of parole period and keeping it pending in File No. 175 of 2006, as bad in law. The petitioner was a convict bearing No. 3266 intern with the Central Prison, Charlapally, Ranga Reddy District. He was a former government servant of the Revenue Department. He was sentenced to undergo life imprisonment, upon conviction in Crime No. 622 of 1992 of Saifabad Police Station. Accordingly, he has been undergoing imprisonment from 24.01.2003, the date on which the Sessions Court convicted him of the offences. His wife is also stated to be not keeping well and she has been undergoing treatment in various hospitals in the city.

2. Learned Assistant Government Pleader for Home could secure instructions over telephone both from the Superintendent, Central Prison, Charlapally as well as the State Government in Home Department. The Superintendent, Central Prison, Charlapally has, it appears, vouched for the good conduct and behavior of the petitioner during his confinement period. The State Government has also left instructions with the learned Assistant Government Pleader that all reasonable requests of the detenus are regularly considered by the State Government and orders for releasing them on parole subject to usual and standard conditions are passed. It is pointed out by the learned Assistant Government Pleader that even in the case of the petitioner, orders of parole are already granted and he is required to surrender latest by 14.07.2014. Therefore, the learned Assistant Government Pleader would submit that there is no error committed by the State Government in this regard, but however, he would suggest that the Court may, if satisfied, consider extending the parole by a reasonable period of time.

3. The petitioner, who appeared himself in the Court yesterday and today, would submit that he is a devout person following the strict regimen prescribed, to be followed during this holy month of Ramazan. He is keeping Roja and also offering his prayers five times a day and his wife is also being taken care of by him during this period. Keeping these factors in view and in view of the fact that he has been keeping good conduct and behavior in the Central Prison, I consider it appropriate to extend the period of parole of the petitioner till 31.08.2014. The petitioner shall however, be bound by the same terms and conditions granted while releasing him on parole. The petitioner shall surrender before the Superintendent, Central Prison, Charlapally on or before 05.00 p.m. on 01.09.2014.

4. With this, the Writ Petition stands disposed of. No costs. Consequently, the miscellaneous applications, if any shall also stand disposed of.

Disposed off.



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