Telangana High Court
Amer Mohammed Jamal Aj Ct9606 vs The State Of Telangana, on 21 August, 2024
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.22241 OF 2024
ORDER:
This writ petition is filed to declare the inaction of respondent No.1, in taking steps for extension of parole of the petitioner for a period of 30 days in view of critical health condition of his mother, as arbitrary and unconstitutional.
2. Mr. Syed Yaqoob Sajjad, learned counsel for the petitioner, submitted that the petitioner was convicted and sentenced to undergo imprisonment for life in S.C.No.14 of 2015 by judgment dated 14.02.2017 passed by the II Additional Metropolitan Sessions Judge, Hyderabad. The petitioner has undergone imprisonment for more than 10 years. Criminal Appeal No.464 of 2017 is filed by the petitioner challenging the conviction in S.C.No.14 of 2015 and the same is pending adjudication.
3. It is submitted that the mother of the petitioner, Smt. Afsar Jahan Begum, aged about 69 years, is suffering from nervous ailment (nerve compression in spinal cord), slip disk, heart ailment etc. Upon application of the petitioner for grant of parole, his request was considered positively and he was granted 30 days parole vide G.O.Rt.No.492, Home (Services-V) Department, dated 21.06.2024, for the period from 05.07.2024 to 05.08.2024. Pursuant thereto, the 2 BVR,J W.P.No.22241_2024 petitioner was released from Central Prison, Cherlapalli. It is submitted that during his parole period, the petitioner took care of his mother. Unfortunately, his mother's health condition deteriorated and she suffered chest pain. His mother was admitted in Osmania General Hospital, Hyderabad, and she was advised complete bed rest by the Specialist doctors.
4. It is submitted that close monitoring of the health condition of the petitioner's mother is required. There is no other family member available to take care of the mother of the petitioner. The petitioner approached respondent No.1 on 22.07.2024 and sought for extension of parole for further period of 30 days. The petitioner was orally informed on 03.08.2024 that his extension of parole was refused. The petitioner surrendered before the jail authorities on 12.08.2024.
5. According to the learned counsel for the petitioner, though the petitioner was supposed to surrender after expiry of parole period on 05.08.2024, as his application for extension was pending, he overstayed on parole until 12.08.2024. Upon informing that his extension application was rejected, the petitioner surrendered before the jail authorities on 12.08.2024. Learned counsel for the petitioner submitted that the application of the petitioner seeking extension of his parole is bonafide as the purpose is for taking care of his mother who is facing critical health condition. Due to administrative reasons, the 3 BVR,J W.P.No.22241_2024 parole period of the petitioner was not extended and he requested this Court to grant parole on emergency grounds so that he can take care of his mother and make alternative arrangements after expiry of his parole period, if extension is granted.
6. Mr. B. Sridhar, learned Assistant Government Pleader for Home, submitted that the petitioner was initially granted parole for a period of 30 days, which expired on 05.08.2024, but he overstayed on parole until 12.08.2024 and later, on coming to know that his extension application was rejected, he surrendered before the authorities on 12.08.2024.
7. Taking note of the above facts and circumstances and that the petitioner has already surrendered before the authorities on 12.08.2024, the request of the petitioner for granting parole on emergency ground cannot be considered. However, as it is stated that the petitioner overstayed on parole for seven days expecting that his extension application will be considered favourably and later surrendered before the jail authorities on 12.08.2024, the petitioner is given liberty to submit application for regularising his overstay period from 06.08.2024 to 12.08.2024. On such application being filed, respondent Nos.1 and 2 shall pass necessary orders in accordance with law.
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BVR,J W.P.No.22241_2024
8. Accordingly, this writ petition is disposed of. No order as to costs.
As a sequel, miscellaneous applications, if any, pending in the writ petition stand closed.
____________________ B. VIJAYSEN REDDY, J Date: 21-08-2024 Note: Issue CC in two days (BO) vv