"We find that there was no application of mind on part of the authorities to the relevant aspects connected with the reasons given by them for rejection of parole. The order of rejection of parole made by them cannot be sustained and would be required to be quashed and set aside", observed Justices V M Kanade and P D Kode recently.
Accordingly, the bench set aside the impugned order of February 3, 2012, passed by the Home Ministry refusing to grant parole to the petitioner and ordered his release forthwith, although temporarily, for the period prescribed under the rules.
The convict, Faturmal Borana, prayed for setting aside the order of the appellate authority (home ministry) rejecting his prayer for granting parole for 30 days on the ground of his mother's illness.
He also preferred an appeal against the order passed by Nasik Divisional Commissioner on September 17 last year rejecting his application for grant of parole leave.
The petitioner, who hails from Pali in Rajasthan, is undergoing life imprisonment awarded to him by a Sessions Court in Mumbai for committing dacoity with murder and other offences under IPC. An Appeal filed by him against his conviction and sentence is pending for final disposal.
The petitioner argued that his prayer for parole was rejected by the authorities mechanically without applying mind to the material placed by him and accepting at face value matters stated in the adverse report submitted by police from Pali. (More)
