RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 06 October 2009

Plz. Guide

Dear All Members of LCI,

Gud Afternoon. My clinent is in JC since 08/12/08 for a term of five years as imprisonment and he has to pay Rs. 30,000/- as fine as order passed by the ASJ, for offence u/s 307 IPC. The appeal got dismissed in the HC & SLP alongwith the Bail Application has been filed in SC which is pending for removal of objections. Now I want to file the Parol application. I am confused where the Parol application be filed. Some of my collegues are suggesting that the same should be filed in SC itself, some are suggesting for the trial court and some are suggesting for the Jail Superintendant. Plz. guide me as to where I should file the same as I want to get my client released on Parol for diwali. Kidly provide me the formate of the same also. Thanx in advance.

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AEJAZ AHMED (Legal Consultant/Lawyer) 06 October 2009

Dear Rakhi.

Where a prisoner becomes eligible under Rules of the Concerned States " Prisons (Furlough and Parole) Rules ", he shall make an application (in duplicate) to the "INSPECTOR GENERAL OF PRISON " through the " Superintendent of Jail " in Prescribed given " Form" under Rules, stating clearly the name, the full address of the place where he desires to spend the furlough, the full name of the relative willing to receive him on furlough and prepared to execute the surety bond etc. The Superintendent of Jail shall forward one copy of such Application Form to the Deputy Inspector General of Police, Concerned State for enquiry and report.

The Police conduct enquiry into the genuineness of the case of the prisoner and submits report. On receipt of such report, furlough/parole is either granted or rejected within 7 days time form the receipt of Police repot.

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AEJAZ AHMED (Legal Consultant/Lawyer) 06 October 2009

Further if you are having urgecy to release your client on parole, then go through this website and find citation of Mumbai H.C at Goa, in which Justice N A Britto directed the inspector general of prisons to decide on applications for furlough/parole filed by prisoners

in the state within six weeks.

https://timesofindia.indiatimes.com/NEWS/City/Goa/Act-on-parole-applications-in-6-weeks-HC/articleshow/4835684.cms

(am unable to find the Judgment on net )

so yourself you search it in any Judgment Reports and attach a copy if possible with application of parole or submit it with the authority to consider application of your client and pass order within prescribed directions.

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