Case Note & Summary
The petitioner, Jayesh Gurdas Naik, a convict lodged in Central Jail, Colvale, filed a criminal application through his next friend Rashmi Rajan Naik seeking quashing of the respondent's order rejecting his parole application and a direction to grant him parole for 30 days. The petitioner applied for parole on the ground of his daughter's illness, supported by a medical certificate diagnosing her with pneumonia and lower respiratory tract infection, requiring a month's rest and care by a loved one. His children were being cared for by his sister, who lived with her mother-in-law, a senior citizen, and faced constraints in attending to the ailing child. The petitioner argued that he had made out sufficient cause under Rule 324 of the Goa Prisons Rules, 2006 for release on parole. The respondent opposed the application. The High Court of Bombay at Goa, comprising Justices F. M. Reis and Nutan D. Sardessai, heard the matter and allowed the petition, setting aside the respondent's order and directing the petitioner's release on parole for 30 days on such terms and conditions as the respondent may deem fit.
Headnote
A) Prisons Law - Parole - Sufficient Cause - Rule 324 of Goa Prisons Rules, 2006 - Petitioner sought parole for 30 days to care for his daughter diagnosed with pneumonia and lower respiratory tract infection - Medical certificate produced - Court held that the petitioner made out sufficient cause for release on parole to attend to his ailing daughter, as the sister caring for the children faced constraints being a senior citizen - Held that the application for parole was allowed (Paras 5-6).
Issue of Consideration
Whether the petitioner made out sufficient cause under Rule 324 of the Goa Prisons Rules, 2006 for release on parole to attend to his ailing daughter.
Final Decision
Petition allowed. Order of respondent quashed and set aside. Petitioner directed to be released on parole for 30 days on such terms and conditions as the respondent may deem fit.
Law Points
- Parole granted on ground of daughter's illness
- sufficient cause under Rule 324 of Goa Prisons Rules
- 2006
- medical certificate considered
- humanitarian grounds
