Case Note & Summary
The petitioner, Johny @ Abdul Rahim Khalil Shaikh, a life convict lodged in Open Prison, Paithan, filed a criminal writ petition challenging the order of the Divisional Commissioner dated 21.6.2011 rejecting his parole application. The grounds for rejection were: (1) the petitioner's mother's two daughters and sons-in-law were competent to look after her and her ailment, and (2) the petitioner's surety was not willing to furnish a surety bond, and in absence of surety, the petitioner was not eligible for release. The petitioner contended that he needed parole to attend to his ailing mother. He annexed an affidavit from the proposed surety, Gulab Bahadur Khan, expressing willingness to stand surety. The court observed that the ground regarding availability of other family members was not sustainable as the petitioner's own presence was necessary for personal care and affection. Regarding the surety issue, the court noted that the police report was adverse, but the surety's affidavit filed with the petition demonstrated his willingness. The court held that the affidavit overcomes the adverse police report and directed the respondent to release the petitioner on parole for a period of 30 days on certain conditions, including furnishing a personal bond and surety bond. The petition was allowed.
Headnote
A) Parole - Life Convict - Rejection Grounds - Availability of Other Family Members - The Divisional Commissioner rejected parole on the ground that the petitioner's mother's daughters and sons-in-law could look after her. The court held that this ground is not sustainable as the petitioner's own presence is required for personal care and affection. (Paras 4-8) B) Parole - Surety - Adverse Police Report - Affidavit of Surety - The police report stated that the surety was unwilling to stand surety, but the surety filed an affidavit expressing willingness. The court held that the affidavit overcomes the adverse report and the petitioner is entitled to parole. (Paras 5-8)
Issue of Consideration
Whether the rejection of parole to a life convict on grounds of availability of other family members to care for his mother and unwillingness of surety is sustainable when the surety has filed an affidavit expressing willingness.
Final Decision
The petition is allowed. The respondent is directed to release the petitioner on parole for a period of 30 days on his furnishing a personal bond of Rs.10,000/- and a surety bond of like amount. The petitioner shall report to the police station once a week and shall not leave the jurisdiction without prior permission.
Law Points
- Parole
- Life Convict
- Surety
- Adverse Police Report
- Affidavit
- Rejection Grounds
