MANGESH S. PATIL, ABHAY S. WAGHWASE
Niyaz S/o Ahmed Shaikh – Appellant
Versus
State of Maharashtra – Respondent
The judgment primarily deals with the issue of granting parole or furlough leave to a convict, particularly in the context of statutory provisions and amendments to rules governing such leave. The court examined the scope, object, and purpose of parole and furlough, emphasizing the importance of adhering to the statutory framework established by the relevant rules and amendments.
The key facts of the case are as follows: The petitioner, a life convict under the TADA Act and IPC, sought parole leave on the grounds of his 70-year-old mother’s medical condition, supported by medical documentation. Despite initial favorable reports from police authorities, his application was ultimately rejected by the respondent authorities, citing statutory restrictions introduced through amendments to the rules governing parole and furlough.
The court's ratio decidendi (principle of decision) is that the statutory bar incorporated through the amended rules, specifically Rule 4(13), must prevail over other considerations. The court observed that this statutory provision is mandatory and has the force of law, and therefore, the authorities' rejection of the petitioner’s application based on this rule was justified. The court also noted that previous orders and case law had consistently upheld the enforceability of this statutory bar since its amendment, reinforcing that it should be applied uniformly.
In conclusion, the court dismissed the writ petition, affirming that the rejection of the parole application was correct in light of the statutory provisions and the adverse police report. The ruling underscores the importance of complying with the statutory restrictions introduced through amendments when considering parole or furlough applications.
JUDGMENT :
ABHAY S. WAGHWASE, J.
Rule. Rule made returnable forthwith.
2. With the consent of parties, matter is heard finally at the state of admission.
3. By virtue of above captioned criminal writ petition, a life convict for the offence under Section 3(3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short “TADA Act”) and Section 120-B of Indian Penal Code (IPC), is taking exception to the order dated 01-08-2022 and 06-10-2022 passed by the respondent- State authorities, thereby refusing parole leave sought by the petitioner.
4. The petitioner has set up a case that he was convicted on 01-06-2007. He has spent more than 29 years of incarceration and including remission he has undergone 34 years 6 months of imprisonment.
According to him, vide application dated 13-11-2007, he applied for parole leave on the ground of ailment of his 70 years old mother. Alongwith said application, he had annexed copy of medical papers. According to him, processing was done and at initial stage, the Assistant Commissioner of Police of Kurla Division also issued favourable report dated 18-12-2017. However, vide the impugned order dated 01-08-2022 respondent no.1 authority has rej
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.