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2009 Supreme(Raj) 2071

JITENDRA RAY GOYAL, GUMAN SINGH
Gopal Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner: Rohan Jain, Counsel.
For the State: Rekha Madnani, Deputy Government Counsel.

JUDGMENT

1. - By way of this writ petition the petitioner is seeking first parole of 20 days which has been declined by the District Parole Committee, Sikar vide its order dated 20/1/2009.

2. The petitioner Gopal Singh has been convicted for the offence under sections 302, 323 & 341 IPC by the learned Additional Sessions Judge (Fast Track), Sikar and sentenced to life imprisonment with fine and presently he is undergoing sentence in Central Jail, Jaipur.

3. It is not disputed that petitioner has suffered 1/4th part of his sentence including remission, therefore, he is entitled to be considered for first regular parole of 20 days under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter shall be referred as Parole Rules). A bare perusal of the impugned order reveals that his first parole was declined on the ground of adverse report of Superintendent of Police, Sikar and also of District Social Welfare Officer.

4. The State of Rajasthan in written reply supported the order of District Parole Advisory Committee and also averred that petitioner cannot claim parole as a matter of right.

5. We have heard the learned counsel for the petitioner and the learned Deputy G











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