Petitioner sought parole for two months. State opposed based on non-recommendation by police. Court dismissed matter as infructuous since authority did not recommend release.
Parole release prayer dismissed as infructuous pending recommendation by competent authority.
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CRLMP NO. 41 OF 2020
08 01.10.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
Heard Mr. Dash, learned counsel for the petitioner.
The petitioner in this CRLMP prays for a direction to release him on parole for a period of two months in the interest of justice.
The matter was taken up on 27.01.2020 on which date on the submission of learned counsel for the petitioner to the effect that the petitioner has already moved the authority concerned pursuant to the order dated 09.07.2019 passed in CRLMP No. 735 of 2019 to release him on parole, but no action was taken on the same,, this Court directed the learned Addl. Government Advocate to take instruction in the matter. Today, Mr. Y.S.P. Baboo, learned Addl. Government Advocate for the State, on instruction, submits that release of the petitioner on parole is not recommended by the Collector and District Magistrate, Keonjhar. For ready reference, the written instruction received by Mr. Baboo, learned Addl. Government Advocate is reproduced herein below:
“OFFICE OF THE COLLECTOR AND DISTRRICT MAGISTRATE:
KEONJHAR .
No. 4562 Judl./Dt. 30.09.2020
To
The Superintendent, District Jail, Keonjhar.
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Sub: Parole release proposals of life convict No. 2039/A Mrutunjaya Jena of Sub-Jail, Anandapur.
Sir,
With reference to the letter on the captioned subject, the Superintendent of Police, Keonjhar has not recommended of parole release of life Convict No. 2039/A Mrutunjaya Jena of Sub-Jail, Anandapur (copy enclosed).
Hence, basing upon the enquiry report of Superintendent of Police, Keonjhar, Parole release of the life Convict No.2039/A Mrutunjaya Jena of SubJail, Anandapur present at District Jail, Keonjhar i s not recommended .
In view of the above, the CRLMP is disposed of as infructuous.
However, it is open for the petitioner to avail his remedy under law, if so advised, assailing the ‘nonrecommendation of his release on parole’.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
.................................
bks
3
Mrutunjaya Jena
The State
As recorded by the court registry
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