- (1.) This parole petition has been filed under Article 226 of the Constitution of India with the prayer that the order issued pursuant to the meeting of State Level Parole Committee dated 3.12.2019 whereby the petitioner has been denied permanent parole on the ground of probability of his committing the offence again.
(2.) It has been submitted in the petition that vide judgment dated 26.5.2016 passed by the Trial Court, the petitioner was convicted for the offence under Section 376 IPC and sentenced to undergo 10 years imprisonment. Against the said judgment passed by the Trial Court, the petitioner filed S Against the said judgment passed by the Trial Court, the petitioner filed S.B. Cr. Appeal No. 645/2016 before this Court, which is pending adjudication.
(3.) It has further been submitted that the petitioner had served 6 years, 4 month and 18 days of imprisonment out of the total sentence of 10 years till March, 2020. He was also released on regular paroles by the Parole Committee. He never misused the liberty of parole and on completion of the parole period he surrendered before the concerned authority on due date. During regular paroles, the conduct of the petitioner has remained absolutely good and there is no complaint against him whatsoever. The police report and Social Welfare Officer report are in his favour. Thus, he is entitled to be released on permanent parole. In the reply, it is submitted that looking to the gravity In the reply, it is submitted that looking to the gravity of the offence, the petitioner's case has not been recommended for parole.;