Case Note & Summary
The petitioner, Dinesh Arolkar, a convicted prisoner held at Central Jail, Aguada, Goa, filed a Criminal Writ Petition before the Bombay High Court at Goa. He had been convicted for an offence by a court outside the State of Goa. The petitioner sought a direction that his application for parole be forwarded to the Government for consideration. The Court examined Rule 326 of the Goa Prison Rules, 2006, which specifies the authority competent to sanction release of a convicted prisoner on parole. Sub-rule (1)(a) of Rule 326 provides that in the case of prisoners convicted by courts situated outside the State, the Government is the competent authority. The Court noted that the petitioner's case fell squarely within this provision. Consequently, the Court directed that the petitioner's application for parole be forwarded to the Government for consideration. The rule was made absolute, and the writ petition was disposed of accordingly.
Headnote
A) Prisons - Parole - Competent Authority - Rule 326(1)(a) of Goa Prison Rules, 2006 - Prisoner convicted by court outside State - The petitioner, convicted by a court outside the State, sought direction for his parole application to be considered by the Government. The Court held that under Rule 326(1)(a), the Government is the competent authority to sanction release of a convicted prisoner on parole in cases where the prisoner is convicted by courts situated outside the State. Accordingly, the Court directed that the petitioner's application be forwarded to the Government for consideration. (Paras 2-4)
Issue of Consideration
Whether the application for parole of a prisoner convicted by a court outside the State should be forwarded to the Government for consideration under Rule 326 of the Goa Prison Rules, 2006.
Final Decision
Rule made absolute. The petitioner's application for parole is directed to be forwarded to the Government for consideration. Writ Petition disposed of.
Law Points
- Parole
- Convicted prisoner
- Competent authority
- Government sanction
- Rule 326 Goa Prison Rules 2006
