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2022 (8) TMI 635 - HC - Indian LawsDishonor of Cheque - habitual criminal or not - petitioner’s application for parole for a period of two months is rejected - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- This Court has categorically come to the conclusion that Rule 191 of 1974 Rules is not invocable against the petitioner, since it could be invoked when there is very serious offence. It also observed that the conviction of the petitioner is under the NI Act which are ordinarily treated as minor offences in criminal jurisprudence. It is also observed that there is no material to show that the petitioner is classified as “habitual criminal” in terms of the said Rule - When this Court has specifically observed that Rule 191 of 1974 Rules is not invocable against the petitioner, the respondent-Police authorities could not have raised the same objections in the present writ petition also. There is no impediment to consider the petitioner’s request for parole under Rule 191 of 1974 Rules. The Police report (Annexure-F) which is relied on by the respondent-Police authorities also cannot be a material to deny consideration of petitioner’s application for parole. The apprehension of the respondents that the petitioner may threaten the witnesses who had deposed against the petitioner has no basis. Since the petitioner is not declared as an habitual criminal, the apprehension of the respondents that the petitioner may repeat the offence is also has no basis - the application of the petitioner for parole needs to be reconsidered by the respondent-authorities. The writ petition is allowed.
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