1 D.B. CRIMINAL WRIT PETITION PAROLE NO.4500/2010 MUSTAK AHMED NISAR AHMED SHEIKH VS. STATE OF RAJ.& ORS. DATE OF ORDER : 26.5.2010 HON'BLE JUSTICE SHRI PRAKASH TATIA HON'BLE JUSTICE SHRI SAJJAN SINGH KOTHARI Mr.J.V.S.Deora, for the petitioner. Mr.K.R.Bishnoi,Public Prosecutor. The petitioner faced the trial in Sessions Case No. 2/1994 under Sections 302, 387 and 364 I.P.C. and he was convicted on 5.8.1994. The petitioner preferred appeal and his appeal was dismissed by this Court on 28.1.1997 and further appeal was dismissed by the Hon'ble Supreme Court on 24.7.1997. On 1.05.2010, petitioner has undergone sentence of 19 years, 7 months, 13 days including the Jail remission of 4 years, 9 months, 29 days. The petitioner availed the furlough as per the law in State of Gujarat which is as under:- 1 5.2.1999 to 18.2.1999 14 2 28.1.2000 to 10.2.2000 14 3 31.8.2000 to 13.9.2000 14 4 19.2.2002 to 4.3.2002 14 5 25.3.2003 to 7.4.2003 14 6 10.11.2004 to 23.11.2004 14 7 10.1.2006 to 23.1.2006 14 8 5.2006 to 27.5.2006 14 9 11.07.2007 to 24.7.2007 14 10 1.10.2008 to 14.10.2008 14 11 6.3.2009 to 18.5.2009 14 12 7.3.2010 to 20.3.2010 14 Total 168 2 1 17.112010 to 21.11.2010 4 2 18.2.2001 to 18.4.2001 60 3 11.8.2001 to 29.10.2001 80 4 14.9.2002 to 28.10.2001 45 5 25.9.2003 to 15.12.2003 82 6 27.7.2004 to 25.8.2004 30 7 28.10.2005 to 26.11.2005 30 8 3.1.2007 to 12.1.2007 10 9 15.9.2007 to 19.11.2007 66 10 6.6.2009 to 30.7.2009 55 Total 462 The petitioner availed the parole for the period mentioned above. The present petition has been filed by the petitioner because of the reason that petitioner's relief for permanent parole was rejected by the impugned order dated 26th March, 2010. The petitioner requested for his transfer from Rajasthan Jail to the Jail at Gujarat and therefore, at present petitioner is lodged in Sabarmati Central Jail Ahmedabad. The report about the petitioner-Mustak Ahmed Nisar Ahmed Sheikh was obtained and was considered in the committee's meeting dated 24th February, 2010 which was convened in view of the directions issued by the Division Bench of this Court in writ petition No. 209/2010 in order dated 5.2.2010. The Committee considered the above facts that petitioner availed the parole of 407 days as well as furlough of 126 days. The petitioner-convict shown his good conduct in the jail and did not commit any offence. After considering the entire facts, the committee opined that conduct of the petitioner was not exemptory because he committed murder of a child for ransom, therefore, he cannot be released prematurely. 3 We are of the considered opinion that petitioner is in jail because he committed the offence. The reliefs as claimed by the petitioner is available to the convicts and petitioner is not dis- entitled to be released on permanent parole because of nature of the offence, which he has committed. Therefore, the nature of offence itself cannot be the sole criteria for denial for permanent parole. The parole is granted in accordance with the set principles. The petitioner's conduct was examined 22 times as is clear from the facts that he was given benefit of furlough on 12 occasions and benefit of parole for 10 occasions. Had it been is a case of adverse conduct of the petitioner, then he would not have been granted so many paroles. The petitioner virtually remained on bail almost for 2 years and there is no allegation that the petitioner has committed any misconduct during this period and there is no adverse report about the petitioner from any of the authorities responsible for maintaining the law and order. In view of the above reasons, we do not find any just reason for refusal of the prayer of the petitioner. Therefore, this petition is allowed. The respondents are directed to pass appropriate order for grant of permanent parole to the petitioner. However, respondents will be free to pass appropriate order to impose the appropriate condition in the parole order. The appropriate order may be passed within fifteen days from the receipt of certified copy of this order. The writ petition is allowed accordingly. [SAJJAN SINGH KOTHARI], J. [PRAKASH TATIA], J. Bharti