[1] Present application is filed seeking parole leave for 30 days for construction of house.
[2] Earlier the applicant had applied to District Magistrate, Amerli for parole leave by application dated 02.04.2012. The said application is rejected by order dated 11.05.2012. A copy is produced at Annexure - A (Page No.5). It is mentioned in the order that application is rejected on account of negative opinion given by the D.S.P., Surendranagar by order dated 04.05.2012. The reason mentioned for negative opinion is possibility of breach of peace. Therefore, District Magistrate, Amerli was pleased to reject parole application.
[3] Rule.
Learned Additional Public Prosecutor Mr.H.K.Patel waives service of process of Rule.
[4] Learned Additional Public Prosecutor made available for perusal the Jail Remarks. The convict is in jail serving life imprisonment for the offences punishable under sections 302 of IPC in Sessions Case No.24 of 1997. The convict was initially arrested on 01.10.1996. Jail remarks shows that he was under trial prisoner for 1 year and 16 days i.e. from 01.10.1996 to 16.10.1997. It is mentioned in the jail remarks that the convict has by now undergone 12 years, 10 months and 24 days. In between, he has enjoyed temporary bail on seven different occasions i.e. from 2002 to 2005 and every time, he has reported in time. Besides that he has enjoyed furlough on nine different occasions starting from 2001 to 2011 and every time he has reported in time. The convict has enjoyed parole on twelve times and every time he has reported in time. So total comes to 7+9+12 = 28 times and despite his release from jail for 28 times, D.S.P., Surendranagar is giving negative opinion and District Magistrate, Amerli mechanically relying upon negative opinion, rejected parole application. Such conduct on the part of Government Officers increases burden of this Court and this conduct of the Government Officers is deprecated.
[5] Registry is directed to send copy of jail remarks, copy of letter dated 11.05.2012 from the Office of District Magistrate, Amreli to the Secretary, Home Department, who is expected to look into the matter and report this Court as to what steps are taken and are going to be taken to remove such difficulty in future.
[6] District Magistrate, Amreli is directed to forward opinion of D.S.P., Surendranagar dated 04.05.2012 to the Secretary, Home Department, so that it can be taken into consideration by the Secretary, Home Department that how mechanically such negative opinion is given by the Police Officer. Registry is directed to place report received from the Secretary, Home Department before this Court. Secretary, Home Department, is expected to see that report is filed as early as possible, but not later than 15.07.2012. The matter be placed on 16.07.2012.
[7] Taking into consideration the contents of the application, the application is allowed. The convict is ordered to be released on parole for a period of 30 days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the jail authorities.
[8] The convict shall surrender to the jail authorities on expiry of the temporary bail period.
[9] Rule is made absolute to the aforesaid extent.
[ Ravi R. Tripathi, J. ] satish Top