Case Note & Summary
The petitioner, Abdul Sheikh, a convict serving a 5-year rigorous imprisonment sentence under Sections 304(I) and 323 read with 34 of the Indian Penal Code, filed a Criminal Writ Petition seeking parole for 60 days. He had already served 2.5 years of his sentence. The grounds for parole were that his mother was seriously ill, he wished to see his newborn daughter, and there was no male member in his family to make arrangements. The State of Goa, through the Inspector General of Prisons, opposed the petition, filing an affidavit stating that the victim's wife, Mrs. Hasina Bi Sayed, objected to the release on the ground that the petitioner had threatened them with dire consequences after his release. The court considered that the petitioner had previously been released on parole and had surrendered on time without any untoward incident, complying with all conditions. The court found this to be a fit case for granting parole, noting that the petitioner was eligible under the Prison Rules having served half his sentence. To address the victim family's apprehensions, the court imposed conditions. The petition was allowed, and the respondents were directed to release the petitioner on parole for 60 days from the date of release, subject to execution of a personal bond.
Headnote
A) Criminal Law - Parole - Eligibility - Convict who has undergone 2.5 years of a 5-year sentence is eligible for parole under Prison Rules - Court granted parole for 60 days to attend to ailing mother and see newborn daughter, despite objections from victim's family - Held that previous good conduct on parole and imposition of conditions mitigate security concerns (Paras 1-3).
Issue of Consideration
Whether a convict who has served half of his sentence and has a good previous parole record should be granted parole for family reasons despite objections from the victim's family.
Final Decision
Criminal Writ Petition allowed. Respondents directed to release petitioner on parole for 60 days from date of release, subject to execution of a personal bond.
Law Points
- Parole granted to prisoner who has served half of sentence
- eligibility under Prison Rules
- conditions imposed to address security concerns
