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2025 DAILYLAW 13673 (AP)

JEELANI ALI KHAN v. THE STATE OF ANDHRA PRADESH

WP/8473/2024 · 2025-04-16

Harinath N

body2025

Judgment text

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APHC010166502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 8473/2024 Between: Jeelani Ali Khan ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SHAIK KARIMULLA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR GENERAL ADMINISTRATION The Court made the following Order: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner is the brother of the convict prisoner, Pathan Liyakat Ali Khan S/o Khader Ali Khan, who was convicted in S.C.No.244 of 2002 on 05.03.2004, vide CT.No.9709. It is submitted that the convict prisoner has completed twenty one (21) years of imprisonment. It is further submitted that the petitioner’s 2 mother is unwell and is terminally ill. She is currently surviving on liquids and is confined to bed. A parole for thirty (30) days is sought to enable the convict prisoner to be by the side of his ailing mother. 3. The learned Assistant Government Pleader submits that the 4th respondent has filed a counter affidavit and submits that the petitioner does not have a right to seek parole and that efforts to secure parole were made on behalf of the convict prisoner on earlier occasions also. It is submitted that the Superintendent of Police, Kurnool, has not recommended for release of the convict prisoner vide proceedings dated 12.09.2023. It is also stated in the counter that if the convict prisoner is released on parole, there could be a law and order problem and as such prayed for dismissal of the writ petition. 4. The learned Assistant Government Pleader, on instructions, further submits that, the petitioner and the convict prisoner’s family has shifted to Hyderabad and that it would be difficult for the police to track his movements in the State of Telangana. It is submitted that the convict prisoner’s mother is in Hyderabad and that on verification, it was found that the mother of the convict prisoner is aged about eighty two (82) years, suffering with illness and has also underwent procedure for her heart and that she is presently surviving on liquids from her nose. 5. The learned Assistant Government Pleader submits that as it is difficult to monitor the convict prisoner’s movements in Hyderabad, requests this Court to restrict the parole for a period of three (03) days. 3 6. Considering the submissions of learned counsel for the petitioner and learned Assistant Government Pleader, this Court deems it appropriate to direct the respondent Nos.3 and 4 to grant parole to the convict prisoner, Pathan Liyakat Ali Khan S/o Khader Ali Khan, who was convicted in S.C.No.244 of 2002 on 05.03.2004, vide CT.No.9709 for a period of four (04) days from 21.04.2025 to 24.04.2025, under escort for a period of four days. 7. Accordingly, the Writ Petition is partly allowed. No costs. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 16.04.2025 BMS