WPCR/36/2002 of THAMBI NAZIR,PRESENTLY LODGED AT CEN.JAIL,AGUADA. Vs STATE OF GOA THR.THE I.G.PRISONS,PANAJI,GOA. on 12 December 2002

ORAL ORDER

Heard both sides. This petition has been filed by the prisoner serving sentence for an offence punishable under Sections 395 and 376 of the Indian Penal Code.

On 13th June, 2002, when the petition came up for hearing, the application was disposed of directing the Jail Authorities to make fresh enquiry and submit a report in detail. Accordingly, the Report has been received, which Authorities to make fresh enquiry and submit a report in detail. Accordingly, the Report has been received, which essentially reiterates the grounds which were given for rejection of the request for parole. The ground which was mentioned by the petitioner was that his father had expired and there was nobody else to perform the religious rites subsequent to the death of his father. However, the Report shows that the petitioner’s elder brother is there to perform such rites and, therefore, it was not sufficient shows that the petitioner’s elder brother is there to perform such rites and, therefore, it was not sufficient cause to grant parole. Moreover, the respondent has also expressed the apprehension that the petitioner is a native of Tamil Nadu and there is every possibility that he may not return if released on parole, which reason, in my view, is quite valid.

2. In view of this situation, I am of the view that the petitioner is not entitled to parole at all and in view of this aspect, the petition stands dismissed. However, it is made clear that the petitioner is at liberty to make a fresh application for furlough, if so desired.

The petition is disposed of.

P. V. KAKADE, J.

mc.