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2022 Supreme(Online)(MAD) 2793

HIGH COURT OF MADRAS
Hon`ble Mr Justice P. N. PRAKASH
Samsunisha – Appellant
Versus
The Government of Tamil Nadu – Respondent


O R D E R

P.N.PRAKASH, J.

The petitioner's husband viz., Mohamed Ansari is a life convict prisoner (CT.No.13875). He was convicted and sentenced on 24.10.2007 in S.C.No.2 of 2000 by the Sessions Judge, Special Court for Bomb Blast Cases, Coimbatore. His appeal before this Court was dismissed, aggrieved by which, he has moved the Supreme Court in S.L.P.(Crl.) No.24293-24297 of 2010 and the same is pending. Seeking 60 days ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982 (for brevity "the Sentence Suspension Rules"), the petitioner, who is his wife, gave a representation dated 09.02.2021, to the respondents and has thereafter, filed W.P.No.4705 of 2021, seeking issuance of a writ of mandamus.

2. During the pendency of the said W.P.No.4705 of 2021, the

1st respondent has passed an order dated 28.09.2021, rejecting the petitioner's representation, for the following reasons :

i. His conviction under Explosive Substance Act and Indian Arms Act 1959 are embargo under the Rule 22(i) of Tamil Nadu Suspension of Sentence Rules, 1982.

ii. His appeal in S.L.P.(Crl.) No.24293-24297 of 2010 is still pending and therefore he is ineligible for grant of leave as per rule 35 of Tamil

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