ASGAR @ ASGAR PASHA (CTP 10665) v. STATE OF KARNATAKA
WP/8056/2025 · 2025-03-24
M Nagaprasanna
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 20771 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20771 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12293 WP No. 8056 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8056 OF 2025 (GM-POLICE)
BETWEEN:
ASGAR @ ASGAR PASHA (CTP 10665) S/O ABDUL RASHEED, AGED ABOUT 56 YEARS, R/O ISLAMPURA, NELAMANGALA TALUKU, BANGALORE RURAL, KARNATAKA-562126. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADV.)
AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560001.
2.
THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, SHESHADRI - ROAD, BENGALURU – 560001.
3.
THE LIFE CONVICTS RELEASE COMMITTEE REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA, BENGALURU – 560001.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:12293 WP No. 8056 of 2025
4.
CHIEF SUPERINTENDENT CENTRAL PRISON BALLARI - 583103. …RESPONDENTS (BY SRI.RAHUL CARIAPPA, AGA)
THIS PETITION IS FIELD UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO GRANT GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO THE PETITIONER ASGAR ALIAS ASGAR PASHA (CTP 10665) WITH LIBERTY TO SEEK FURTHER EXTENSION OF PAROLE IN ACCORDANCE WITH LAW TILL THE COMMITTEE CONSIDERS HIS APPLICATION FOR PREMATURE RELEASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioner is before this Court seeking the following prayer:
Direct the Respondents to grant general parole for a period of 90 days to the petitioner’s ASGAR @ ASGAR PASHA (CTP-10665) with liberty to seek further extension of parole in accordance with law till the committee considers his application for premature release.”
2. Heard Sri. Sirajuddin Ahmed, learned counsel for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents.
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NC: 2025:KHC:12293 WP No. 8056 of 2025
3. Facts in brief, germane, are as follows:
The petitioner is a convict, who is convicted for offense punishable under Section 302 of IPC. As on today, the petitioner has spent more than 20 years in prison without remission. Owing to the conduct of the petitioner in the prison, the Advisory Board who consider the applications of those convicts for premature release is said to have recommended the case of the petitioner for premature release. The recommendation of the Advisory Board is now placed before the State-Life Convicts Release Committee for its consideration. In the light of the said recommendation, the petitioner becomes entitled to grant of parole for a period of 90 days. In the event, the Committee would not decide the application by then, the petitioner would become entitled for extended parole thereon. In that light, I deem it appropriate to grant parole, which commences from the forenoon of 28.03.2025 upto the evening of 25.06.2025.
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NC: 2025:KHC:12293 WP No. 8056 of 2025
4. For the aforesaid reasons, the following:
ORDER (i) The Writ Petition is allowed. (ii) Mandamus issues to respondent No.4 to release the petitioner (Convict – CTP No.10665) on general parole for a period of 90 days, in terms of the observation made in the course of the
order, which commences from the forenoon of 28.03.2025 and ends in the evening of
25.06.2025. (iii) The convict (CTP No.10665) - shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.10665) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of general parole. (v) Registry is directed to communicate this order to respondent No.4, by way of electronic mail, forthwith.
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NC: 2025:KHC:12293 WP No. 8056 of 2025
(vi) The Committee is thus directed to consider those cases which are pending before it for premature release without brooking any further delay, as it has generated huge number of litigations before this Court. (vii) The petitioner is reserved liberty to seek extension of general parole in the event, the Committee could not decide on the recommendation for premature release of the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
MPK CT:bms List No.: 1 Sl No.: 59