JUDGEMENT
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(1.) THE petitioner has sent this letter petition seeking 20 days' parole with the submissions that he has been serving the sentence for 11 years with satisfactory conduct but, has not been given benefit of parole. The petitioner has also stated that he has applied for parole thrice but his case not been decided yet; and lastly, he made the application on 05.05.2010.
(2.) THE respondents have filed a reply stating that on the application submitted by the petitioner for granting 20 days' parole, the reports of the concerning authorities i.e., the District Magistrate, Muradabad, the Superintendent of Police, Muradabad and Social Welfare Department, Muradabad were called and on 04.08.2010, 01.11.2010, 03.01.2011 and 14.04.2011 reminder letters were also sent but the reports have not been received yet. It is further stated that by the letter dated 29.06.2012, the District Magistrate, Muradabad was again informed for providing the reports of the concerned authorities for sending the matter of the petitioner for consideration of the prayer for parole. The respondents have, thus, stated that the matter of the petitioner for granting parole for a period of 20 days is pending consideration.
In view of the submissions made in the reply, though we do not consider it proper to pass an order for grant of 20 days' parole in this case at this stage particularly when the matter is said to be pending with the concerned authorities but then, it appears appropriate to observe that it is expected of the concerned authorities to take a decision on the prisoner's prayer for grant of parole without further delay; and as far as possible, within 60 days from today.
It is also made clear that for the purpose of proceeding in the matter, if any report remains due, the concerned authorities should be impressed upon to send the requisite report/s without delay; and on their failure to do so, all the necessary and appropriate orders including final order on the parole prayer may be passed without such report/s, while fixing the responsibility for default.
Subject to the observations foregoing, this letter petition is dismissed at this stage but with liberty to the petitioner to move afresh, if so necessary.;
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