ORAL JUDGMENT (Per A.P.LAVANDE, J.) :

Heard Mr.Deshpande, learned counsel for the petitioner and Mr.Mirza, learned A.P.P., for respondents.

2. Rule. Mr.Mirza waives notices on behalf of respondents. By consent heard forthwith.

3. By this petition, the petitioner who is undergoing imprisonment for life for having committed offence punishable under Section 302 of Indian Penal Code at Central Jail, Amravati, challenges the order dated 08.10.2007 passed by the competent authority rejecting the application for parole filed by the petitioner.

4. The competent authority has rejected the application for parole filed by the petitioner primarily on the ground that the petitioner was earlier granted parole by the order dated 27.3.2007, pursuant to which the petitioner was released and he surrendered on 10.5.2007. Placing reliance upon the Circular dated 28.11.1989 (wrongly mentioned as 28.11.2007 in the impugned order) the competent authority has held that the petitioner is not entitled to parole since in terms of the said notification a prisoner is not entitled to parole for a period of one year from the date of last surrender, pursuant to the grant of parole.

5. Rule 19 of the Rules has been a

Click Here to Read the rest of this document