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S. M. SUBRAMANIAM, V. SIVAGNANAM
Benazir Banu – Appellant
Versus
State represented by its, The Deputy Inspector General of Prison – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenue, Alaudeen S/o. Samsudeen aged about 34 years bearing Convict No. 5630 confined at Central Prison, Puzhal.
This petition has been filed seeking direction to the respondents to grant ordinary leave for 30 days without escort to the detenue, Alaudeen S/o. Samsudeen aged about 34 years bearing Convict No. 5630 confined at Central Prison, Puzhal. who was convicted for the offences punishable under Sections 120B IPC, 302 r/w 34 IPC and 201 IPC, 392 r/w 397 IPC, 465 r/w 109 IPC and sentenced to undergo Life Imprisonment in S.C.No.694 of 2005 dated 17.07.2014 by the learned Additional Sessions Court, Kancheepuram District at Chengalpattu.
2. The learned counsel for the petitioner submitted that the petitioner's husband/convict prisoner has undergone 06 years 08 months and 23 days of imprisonment, including the remand set off period and she seeks 30 days of ordinary leave to her husband/convict prisoner to make arrangements for her son's medical expenses an
The eligibility for ordinary leave for convicts is determined by specific prison rules, and while a convict may not qualify for ordinary leave, they retain the right to seek emergency leave.
The court established that the eligibility for leave for convict prisoners is governed by specific legal provisions, which must be adhered to, limiting the leave duration to what is legally permissib....
The central legal point established in the judgment is the correct interpretation and application of Rule 22 of the Tamil Nadu Suspension of Sentence Rules, 1982, in determining the eligibility for o....
The court can grant leave to a convict prisoner based on favorable recommendations from a Probation Officer, despite inaccuracies in the leave application.
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