Sarvath Jahan vs The Superintendent Of Prison
2021 Latest Caselaw 21988 Mad

                                                                           Writ Petition No.23701 of 2021



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 02.11.2021

                                                         Coram

                                    THE HONOURABLE MR. JUSTICE P.N.PRAKASH
                                                    and
                                    THE HONOURABLE MRS. JUSTICE S.SRIMATHY

                                             Writ Petition No.23701 of 2021

                     Sarvath Jahan
                     W/o.Saleem Basha                                                   .. Petitioner

                                                           Vs.


                     1.The Superintendent of Prison,
                       Central Prison,
                       Vellore.

                     2.The Secretary, Law & Prison Department,
                       Government of Tamil Nadu,
                       Fort St.George,
                       Chennai – 600 009.                                      .. Respondents

                               Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus directing the respondents to consider
                     the representation dated 25.10.2021 sympathetically and grant 15 days leave
                     to the petitioner's son Sathiq Basha s/o.Salim Basha, Convict No.3315, who
                     is confined at Central Prison, Vellore.


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https://www.mhc.tn.gov.in/judis/
                                                                               Writ Petition No.23701 of 2021



                                     For Petitioner  :        Mr.R.Rajarathinam
                                     For Respondents :        Mr.R.Muniyapparaj
                                                              Additional Public Prosecutor
                                                            *****
                                                         ORDER

[Order of the Court was made by P.N.PRAKASH, J] This Writ Petition has been filed by the mother of the convict prisoner

Sathiq Basha s/o.Salim Basha, Convict No.3315, who is presently lodged in

Central Prison, Vellore, seeking leave under the Tamil Nadu Suspension of

Sentence Rules, 1982.

2. Heard Mr.R.Rajarathinam, learned counsel for the petitioner and

Mr.R.Muniyapparaj, learned Additional Public Prosecutor, appearing for the

State.

3. It is seen that a leave application for emergency leave was made to

the Superintendent, Central Prison, Vellore, which has been rejected on

27.10.2021 on the ground that the convict prisoner has availed his quota of

emergency leave. However, ordinary leave is being sought on the ground

that the convict prisoner's wife met with an accident on 24.10.2021 and is

https://www.mhc.tn.gov.in/judis/ Writ Petition No.23701 of 2021

hospitalized in Cauvery hospital with head injuries. A representation has

been given to the Government for ordinary leave instead of giving it to the

Range Deputy Inspector General of Prisons. Therefore, liberty is granted to

the petitioner to approach the Deputy Inspector General of Prisons for leave

and the same may be considered in accordance with the rules.

4. It appears that the appeal of the convict prisoner is pending on the

file of this Court and therefore, it is open to him to seek for interim

suspension of sentence and bail as the power of the appellate Court to grant

suspension of sentence has been affirmed in the judgment of the Supreme

Court in Dadu alias Tulsidas v. State of Maharashtra [(2000) 8 SCC 437].

With the above direction, this Writ Petition is disposed of. No costs.

                                                                       [P.N.P., J]         [S.S.Y., J]
                                                                                  02.11.2021
                     Index: Yes/No
                     gm

                                                                                    P.N.PRAKASH, J
                                                                                              and

https://www.mhc.tn.gov.in/judis/ Writ Petition No.23701 of 2021

S.SRIMATHY, J

gm

To

1.The Superintendent of Prison, Central Prison, Vellore.

2.The Secretary, Law & Prison Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009.

3.The Public Prosecutor, High Court, Madras.

Writ Petition No.23701 of 2021

02.11.2021

https://www.mhc.tn.gov.in/judis/