Case Note & Summary
The petitioner, Shri Manuel Fernandes, a prisoner lodged at Central Jail, Aguada, filed a Criminal Writ Petition before the High Court of Bombay at Goa seeking relief regarding his parole application. The petitioner had applied for parole on 25.10.2004, but the application was rejected by an order dated 30.12.2004. The petitioner challenged this rejection. During the hearing, the Additional Public Prosecutor, Ms. W. Coutinho, made a statement on behalf of the State that the petitioner's application for parole would be reconsidered by the Inspector General of Prisons within a period of thirty days. The court accepted this statement and, consequently, set aside the earlier order dated 30.12.2004. The court directed the Inspector General of Prisons to reconsider the petitioner's application dated 25.10.2004 within thirty days from the date of the judgment. The rule was made absolute with no order as to costs. The judgment was delivered by Justice N. A. Britto on 18th August 2005.
Headnote
A) Prisons - Parole - Reconsideration of Application - The petitioner, a prisoner, sought parole; the court accepted the statement of the Additional Public Prosecutor that the application would be reconsidered within thirty days, set aside the earlier order, and directed reconsideration. (Paras 2-3)
Issue of Consideration
Whether the petitioner's application for parole dated 25.10.2004 should be reconsidered by the Inspector General of Prisons.
Final Decision
The order dated 30.12.2004 is set aside. The Inspector General of Prisons is directed to reconsider the petitioner's application dated 25.10.2004 within thirty days from today. Rule made absolute with no order as to costs.
Law Points
- Parole reconsideration
- Statement of Additional Public Prosecutor accepted
- Order set aside
Case Details
2005 LawText (BOM) (08) 73
Criminal Writ Petition No. 25 of 2005
Petitioner in person; Ms. W. Coutinho, Addl. P.P. For the State/Respondent
The Inspector General of Prisons, North Goa, Panaji, Goa; The Superintendent of Prisons, Central Jail, Aguada, Goa; The Superintendent of Police, South Goa, at Margao, Goa
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Nature of Litigation
Criminal Writ Petition seeking reconsideration of parole application
Remedy Sought
Petitioner sought release on parole
Filing Reason
Rejection of parole application dated 25.10.2004 by order dated 30.12.2004
Previous Decisions
Order dated 30.12.2004 rejecting parole application
Issues
Whether the petitioner's parole application should be reconsidered
Submissions/Arguments
Additional Public Prosecutor stated that the application would be reconsidered within thirty days
Ratio Decidendi
The court accepted the statement of the Additional Public Prosecutor that the parole application would be reconsidered, and accordingly set aside the earlier rejection order and directed reconsideration.
Judgment Excerpts
Learned Addl. P.P. Ms. Coutinho has made a statement that the application of the Petitioner to be released on parole dated 25.10.2004 will be reconsidered by the Inspector General of Prisons within a period of thirty days.
Consequently the Order dated 30.12.04 is hereby set aside. The Inspector General of Prisons is hereby directed to reconsider the petitioner's application dated 25.10.2004 within a period of thirty days from today.
Procedural History
Petitioner filed Criminal Writ Petition No. 25 of 2005 challenging rejection of parole application. During hearing, Additional Public Prosecutor made statement for reconsideration. Court set aside rejection order and directed reconsideration.
