Surender Singh Chowhan , Surender Singh v. The State Of Telangana And Another

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.25826 of 2019 ORDER:

The present writ petition is filed to declare the action of the respondents in not considering the application of the petitioner dated 04.11.2019 for extension of parole.

2.

The averments made in the affidavit filed in support of the writ petition, would show that the petitioner was convicted for the offences under Sections 302, 397 and 380 IPC and sentenced to undergo imprisonment for life and also sentenced to pay a fine of Rs.1,000/-, vide judgment, dated 29.10.2013, in S.C.No.217 of 2013, passed by the learned I Additional Metropolitan Sessions Judge, Hyderabad. Aggrieved thereby, the petitioner filed Crl.A.No.642 of 2006, and by judgment, dated 21.10.2008, this Court dismissed the appeal. Since then, the petitioner is undergoing imprisonment in Central Prison, Warangal, vide CT No.5621. According to the petitioner, he was granted parole from 23.10.2019 to 23.11.2019 on the ground that he was suffering from some ill-health.

Since the period of parole as granted is going to expire, the petitioner made a representation dated 04.11.2019 to the first respondent herein for extension of parole for two months on the ground that his wife's health condition is critical and requires medical treatment. Therefore, he seeks a direction to the first respondent to consider the application of the petitioner, dated 04.11.2019, for extension of parole. 3.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents.

4. Since the representation, dated 04.11.2019, is still pending consideration before the authority concerned for extension of parole, which is going to expire on 23.11.2019, this Court is of the view that no direction as sought can be given at this late stage and the petitioner is directed to surrender himself before the authority concerned on expiry of the parole, i.e. on 23.11.2019 and seek appropriate relief. 6.

The writ petition is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ____________________ JUSTI CE T.VI NOD KUMAR Date:22.11.2019 GJ