Ibrahim Kha Niyamat Kha VS State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

VINAY JOSHI, M. W. CHANDWANI
Ibrahim Kha Niyamat Kha – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
For the Appellant :Mr. Raju Kadu, Advocate
For the Respondent: Mrs. N.R. Tripathi

JUDGMENT :

(Per Vinay Joshi, J.)

Rule. Rule made returnable forthwith. Heard finally by the consent of the learned Counsel for the parties.

2] The petitioner was convicted for the offences punishable under Sections 302 and 149 of the INDIAN PENAL CODE in Sessions Trial No.41/1997 and serving the sentence since last 13 years. The petitioner has applied for regular parole on account of illness of his mother. The petitioner’s application was considered and respondent No.2-Divisional Commissioner vide order dated 15/02/2023 has granted parole leave on certain conditions. It is the petitioner’s grievance that despite said order, he has not been released.

3] The State resisted the petition by contending that in view of Rule 19(3)(B)(ii) of the Prisons (Bombay Furlough and Parole) Rules, 1959, the petitioner is ineligible for subsequent release as he has not undergone actual imprisonment for six months after earlier release. It is submitted that the petitioner was earlier released on furlough leave for 28 days on 20/12/2022 and surrendered on 18/01/2023 and thus the period of six months has not been lapsed. Moreover, it is submitted that after passing of this order, the petitioner has appli

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