1990 Supreme(Raj) 608
D.L.MEHTA, G.S.SINGHVI
Kishan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. - The petitioner who has been convicted under Section 302 IPC and has been sentenced to imprisonment for life by the learned Additional Sessions Judge No. 5, Jaipur, in Sessions Case No. 4/85, vide its judgment dated 8.6.1987, has filed this writ petition challenging the constitutional validity of rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter to be referred as the "1998 Rules") and order dated 5.7.1990 passed by the respondent No. 2 dismissing the application of the petitioner for releasing him on parole, to attend his ailing wife.
2. According to the petitioner, he has undergone about 3 years and six months of sentence including remission On 26-6-1990, he came to know that his wife Smt. Asha Devi is critically ill, therefore, on 28-6-90 he made a representation to the Inspector General (Prisons) to leave him on parole, so that he may attend his ailing wife. According to him this was an emergent situation, which warranted his release on parole. The petitioner has stated that vide order No. 2541 dated 5.7.90, the Inspector General (Prisons) has dismissed his application. This order has not been served upon him. However, he has stated that t
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