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2012 Supreme(SC) 863
SUPREME COURT OF INDIA
P. SATHASIVAM & RANJAN GOGOI, JJ.
KRISHAN LAL - Appellant(s)
VERSUS
STATE OF RAJASTHAN & ANR. - Respondent(s)
Criminal Appeal Nos.1972-1973 of 2012 (Arising out of SLP (Crl.) Nos. 9202-9203 of 2011)
Decided on : 03-12-2012.
IMPORTANT POINT
Parole - grant of.
Headnote:Code of Criminal Procedure, 1973 - Section 401 r/w Rules 9 and 10, Rajasthan Prisoners Release on Parole Rules, 1958 - In view of (2001) 4 SCC 458 sentencing life imprisonment without any remission, the convict is not entitled to regular parole u/r 9 - However orders u/r 10A(i) may be passed on humanitarian considerations. (Para 12)
(2001) 4 SCC 458 - Referred
Facts of the case:
Appellant was sentenced to life imprisonment without any remission. Prior to the order, he availed parole twice.
After the order he again requested for parole which was denied.
Finding of the Court:
The appellant may be granted parole on humanitarian ground u/r 10.
Result : Appeals disposed of.
JUDGMENT
P. Sathasivam, J.-Leave granted.
2. These appeals are directed against the order dated 06.10.2010 passed by the High Court of Judicature for Rajasthan at Jodhpur in Writ Petition (Parole) No. 10309 of 2010 whereby a show cause notice was issued to the appellant herein and the State Government and it was also held that the convict- Krishan Lal (the appellant herein) shall not be released on parole or otherwise as ordered by this Court on 29.03.2001 in the case of Subash Chander vs. Krishan Lal & Ors. reported in (2001) 4 SCC 458 and also against the final order dated 06.04.2011 by which the petition filed by the appellant herein was dismissed as having rendered infructuous.
3. Brief facts:
(i) The appellant herein was an accused in a murder case along with 11 accused persons. The trial Court convicted all the accused persons except one for the offences under Section 302, 307, 148, 450 read with Sections 149 and 120B of the India Penal Code, 1860 (in short “IPC”) and sentenced them to death.
(ii) Aggrieved by the order of conviction and death sentence, the appellant along with other accused persons filed appeals before the High Court. The High Court upheld the conviction of all the convicted persons including that of the appellant herein but commuted the death sentence to imprisonment for life.
(iii) Challenging the order of the High Court, the complainant – respondent No.2 herein filed two sets of appeals bearing Criminal Appeal Nos. 812-814 of 1999 and Criminal Appeal Nos. 815-816 of 1999 before this Court praying for setting aside the order of acquittal and awarding of death sentence to the convicted persons as was done by the trial Court. The accused persons also filed two sets of appeals bearing Criminal Appeal Nos. 817-818 of 1999 and Criminal Appeal Nos. 819-820 of 1999 before this Court praying for their acquittal by setting aside the conviction and sentence awarded to them by the trial Court and the High Court. The State also filed appeals before this Court for quashing the order of acquittal of one accused person and for awarding death sentence to the convicted persons. This Court, in the abovesaid appeals, by judgment dated 29.03.2001, confirmed the conviction and sentence awarded to the accused persons by the High Court and held that the imprisonment for life awarded to the appellant herein shall be the imprisonment in prison for the rest of his life and he shall not be entitled to any commutation or premature release under Section 401 of the Code of Criminal Procedure, 1973 (in short “the Code”), Prisoners Act, Jail Manual or any other Statute and the Rules made for the purposes of grant of commutation and remissions.
(iv) Prior to the order of this Court in Subash Chander (supra), on 06.03.1999 and 12.05.2000, the appellant herein was allowed regular parole of 20 days and 30 days respectively by the Parole Advisory Committee and, accordingly he availed the same. During the period from 2001-2010, the appellant tried for third regular parole for 40 days by filing various applications but the same were not considered. Aggrieved by the same, the appellant herein moved the High Court by filing an application being D.B. Criminal Parole No. 2982 of 2010. The High Court by order dated 26.05.2010, directed the Parole Advisory Committee for considering the case of the appellant. Vide order dated 12.08.2010, the Advisory Committee released the appellant herein on parole on 18.08.2010 for 40 days.
(v) Aggrieved by the orders dated 26.05.2010 and 12.08.2010 passed by the High Court and the Parole Advisory Committee respectively, the Complainant- respondent No.2 herein filed an application being Civil Misc. Application No. 93 of 2010 in DB Criminal
W.P. No. 2982 of 2010 before the High Court for reconsideration of the order dated 26.05.2010 and for quashing the order dated 12.08.2010 passed by the Parole Advisory Committee. The High Court, by impugned order dated 06.10.2010, issued show cause notice to the appellant h
