The main legal point established in the judgment is that the rejection of a proposal for premature release should consider the convict's health condition, conduct in prison, and the impact of their release on society, as outlined in the relevant provisions and guidelines.

JUDGMENT

S. Talapatra, J. - By means of this writ petition, the petitioner has urged to issue a writ of mandamus for releasing the petitioner prematurely, taking the health conditions to consideration.

2. Several Interlocutory Applications have been filed as off- shoot of this writ petition. The present petitioner, even, had approached the Apex Court by filing a Special Leave Petition, being, Special Leave to Appeal (Crl.) No.2781 of 2021 titled as Roshan Ali vs. Government of Odisha & others. In the said proceeding, it has been observed by the Apex Court, in the order dated 26.03.2021, as follows:

'From a certificate issued from Dr. Manoj Kumar Daga, Director, Paediatrics, and, Adult Cardiac Surgery of B.M. Birla Hospital and Research Centre, it appears that the petitioner has undergone a cardiac by-pass surgery and is presently admitted in ITU Bed No.320-B at the said hospital.'

3. The said matter arose out of rejection of the prayer for extension of parole, as earlier granted. The Apex Court by the said order asked the State Government not to take any coercive action against the petitioner in view of the said surgery.

4. Finally, by the order dated 11.07.2022, the said SLP (Crl.) No.2781 of 2021 has been disposed of by the Apex Court requesting the High Court to dispose of the pending writ petition, as expeditiously as possible, preferably within a period of three months from the date of communication of the order. The hearing was expedited and it was heard accordingly.

5. Before we take note of the sheet-anchor of the controversy, we are persuaded to refer to the order passed in I.A. No.22 of 2021, which was filed for extension of parole for better treatment in this writ proceeding. In the order dated 15.03.2021 delivered in I.A. No.22 of 2021 resume of facts, relevant to the present controversy, has been laid down. For the purpose of convenience, the relevant part is reproduced hereunder:

'Convict Roshan Ali, aged about 62 years Male confined in this jail since 20.05.2017 in S.T. Case No.169/2004 U/Ss.364A/342/34 IPC. He is a known case of Ischemic Heart disease, Anterior Wall M.I., Left Ventricular failure Gr.II and is undergoing treatment at Jail Hospital, Rourkela, as per advice & guidance of Cardiologist VIMSAR, Burla. During his stay at this Jail he had two episodes of M.I. in the last 3 years and undergone period follow up check up at VIMSAR, Burla. He was referred to VIMSAR, Burla on 28.10.2020 for follow up check up and necessary evaluation. As opined by Cardiologist, he is symptomatic with minimal activities. He is advised rest to avoid physical exertion. He needs rest to prevent further Myocardial Infraction.'

6. Even thereafter, on 11.08.2022, the petitioner had filed a consolidated writ petition after due amendment by which the paragraphs- 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7 & 8.8 have been incorporated in the original writ petition.

7. In the newly added paragraphs, the petitioner has asserted as follows:

(i) His conduct in the prison was throughout good and there was no adverse remark against him by the jail authorities.

(ii) The jail authority intended to place his papers for his premature release. In the course of inquiry, a report has been obtained from the local Police.

(iii) In paragraph-8.3 of the consolidated writ petition, it has been averred that 'based on the report of the Office of the Police Inspector-cum-O/C Jugsalai P.S. vide its Memo No.1837, dated 30.10.2021, the Senior Superintendent of Police, East Singhbhum, Jamshedpur vide its Memo No.1820, dated 06.11.2021 has reported that there is no probable effect on law and order problem in the locality, there is no apprehension of danger to the life of the people in the locality, there is probability that the petitioner will lead an honest livelihood, if the petitioner is released from the jail. The Memorandum dated 13.11.2021 has been enclosed with the writ petition.

8. From perusal of the letter No.1950, dated 02.02.2022, it is evident that the petitioner's nam