JUDGMENT

1. This parole petition has been filed under Article 226 of the Constitution of India with the prayer that the order dated 22.09.2020 issued pursuant to the meeting of Permanent Parole Committee dated 11.08.2020 whereby the petitioner has been denied permanent parole on the ground of non availing of three regular paroles, be quashed.

2. It has been submitted in the petition that vide judgment dated 28.02.2015 passed by the trial Court, the petitioner was convicted for the offence under Section 302/149, 147 & 323/149. However, in appeal vide judgment of Division Bench dated 06.09.2019, while modifying sentence of Section 302 IPC into Section 304 Part 11/149 of IPC sentenced the petitioner to 8 years imprisonment with fine.

3. It has further been submitted that the petitioner had served 7 years 2 months and 11 days of imprisonment upto 07.11.2020 out of the total sentence of 8 years. He was released on parole of 30 days and other special parole by the Parole Committee. In this way, he has served a substantive part of his sentence. He never misused the liberty of parole and on completion of the parole period he surrendered before the concerned authority on due date. During incar