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(2019) Law Today Live Doc. Id. 15337
(Arising out of S.L.P. (CRL.) No. 11056 of 2018
Decided on: 22.02.2019
For Petitioner(s):
Mr. R.K. Dash, Sr. Adv., Mr. Mohd. Irshad Hanif, AOR, Mr. Mujahid Ahmad, Adv., Mr. Rizwan Ahmad, Adv., Mr. Aarif Ali Khan, Adv., Mr. Sheik Moutali Busha, Adv.
For Respondent(s):
Ms. Ruchi Kohli, AOR, Ms. Srishti Mishra, Adv.
Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987) – Convict under TADA Act – Long sentence undergone -- Parole – Right of -- Appellant has undergone more than 24 ½ years of imprisonment – Appellant ordered to be released on parole for a period of 21 days.
(Para 4)
Cases referred:
1. Asfaq vs. State of Rajasthan & Ors., (2017) 15 SCC 55.
ORDER
1. Heard learned counsel for the parties.
2. Leave granted.
3.The appellant had applied for parole which was rejected by the Jail authorities against which a writ petition was filed which was dismissed by the High Court.
4. No doubt the appellant is convicted for the offence under the provisions of Terrorist and Disruptive Activities (Prevention) Act, 1987 ("TADA Act"). However, it is also a fact that the appellant has undergone more than 24 ½ years of imprisonment.
5. In these circumstances, having regard to the law laid down by this Court in Asfaq vs. State of Rajasthan & Ors., (2017) 15 SCC 55, we are of the opinion that the appellant shall be released on parole for a period of 21 days from the date of release on the condition that he shall report to the Station House Officer of the concerned Police Station on every third day.
6. The appeal is, accordingly, disposed of.
7. Pending applications, if any, shall also stand disposed of.
Order accordingly.
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