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2011 Supreme(Raj) 560

[Citation : 2011(3) RLW 2504 (Raj.)]
(Rajasthan High Court)
Suresh & Ors. Vs. State of Rajasthan (Mathur, J.)
HON'BLE GOVIND MATHUR, J.
HON'BLE NARENDRA KUMAR JAIN, J.
Suresh & Ors.
Versus
State of Rajasthan
D.B. Cr. Parole Writ Petition No.1680 of 2011, decided on 31.05.2011

Advocates Appeared
Amitabh Acharya, for Petitioners;
K.R. Bishnoi, Public Prosecutor, for State

Headnote:Rajasthan Prisoners Release on Parole Rules, 1958, Rule 9 — Decline to grant permanent parole — Out of total 12 prisoners, 8 prisoners served imprisonment for 14 years and remaining 4 prisoners were not found eligible u/Rule 9 of the Rules — Declined the prayer of all the 12 prisoners on the count of apprehension of breach of peace — Held — Parole has been denied purely on the consideration those are not relevant for grant of permanent parole — Their conduct has been found satisfactory — Instead of examining conduct of the petitioners, the competent authority traveled purely on technical grounds and rejected their claim in mechanical manner — Failed to act as per true spirit of the rules of 1958 which resulted into action contrary to the object of the Rules — Directed to grant parole to all the 8 eligible prisoners and reconsider the cases of remaining 4 prisoners on completion of 14 years of actual term of imprisonment. (Paras 7 to 10)

       Writ petition disposed of.

       jktLFkku iSjksy ij cUnh fueqZfä fu;e] 1958] fu;e 9 & LFkk;h iSjksy nsus ls euk djuk & dqy 12 cfUn;ksa esa ls 8 us 14 o"kZ ds dSn dh ltk iwjh dh vkSj 'ks"k 4 cUnh fu;e 9 ds rgr vgZad ugha ik;s x;s & 'kkfUr Hkax gksus dh vk'kadk ds vk/kkj ij lHkh 12 cfUn;ksa dh izkFkZuk [kkfjt dh & vfHkfu/kkZfjr & iSjksy ls fo'kq) :i ls ,sls vk/kkjksa ij badkj fd;k x;k tks LFkk;h iSjksy gsrq lqlaxr ugha gS & mudk vkpj.k larks"ktud ik;k x;k & izkFkhZx.k ds vkpj.k dk ijh{k.k djus dh ctk; l{ke izkf/kdkjh fo'kq) :i ls rdfudh vk/kkjksa ij x;s vkSj ;kfU=d <ax ls muds nkos dks [kkfjt fd;k & 1959 ds fu;eksa dh lPph Hkkouk ds vuqlkj dk;Zokgh djus esa foQy jgs ftldh ifj.kfr fu;eksa ds mís';ksa ds foijhr dk;Zokgh gqbZ & mu lHkh 8 vgZad cfUn;ksa dh iSjksy eatwj djus rFkk 'ks"k 4 cfUn;ksa dh dSn dh 14 o"kZ dh okLrfod vof/k iw.kZ gksus ij muds ekeys ij fQj ls fopkj djsA

       ;kfpdk fuLrkfjr dhA ¼in la- 7 ls 10½

       

Hon'ble MATHUR, J.—The two letters addressed to Hon'ble Chief Justice of this Court by 12 prisoners lodged at Central Jail, Udaipur are treated as this one petition for writ. All the 12 prisoners are undergoing life term imprisonment at Central Jail, Udaipur and being eligible they applied for grant of permanent parole as per the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as “the Rules of 1958”). The necessary details relating to each of the petitioners are as under:-

1. Suresh – This petitioner was convicted for an offence punishable under Section 302 Indian Penal Code and was sentenced for life imprisonment. As on 28.2.2011 he has served 20 years 10 months and 25 days sentence, out of that 17 years 4 months and 10 days is actual imprisonment. Permanent parole has been denied to him on basis of the negative recommendation made by the Superintendent of Police, Bhilwara. The recommendation so made is available on record as Anx.R/2 and according to that the parole is not desirable to this petitioner as he committed murder of his wife, thus, apprehension exists for breach of peace.

2. The petitioner Uda was sentenced for life term under the judgment dated 29.11.1996 passed by learned Special Judge (SC/ST) Act Cases, Udaipur. He has undergone 17 years 10 months and 4 days actual imprisonment excluding 5 years and 7 months jail and State remission. The parole has been denied to him as he has not availed three regular paroles under Rule 9 of the Rules of 1958.

3. The petitioner Moga is also undergoing life term imprisonment and he has served sentence for a term of 21 years 7 months 2 days including State and jail remission for a term of 4 years 9 months 18 days as on 28.2.2011. The permanent parole has been denied to him as he has not availed three regular paroles as prescribed under Rule 9 of the Rules of 1958.

4. The petitioner Haja was convicted for the offence punishable under Section 302 Indian Penal Code by judgment dated 26.8.1996 passed by learned Sessions Judge, Dungarpur. He too is undergoing life term imprisonment and he has served the same for actual term of 14 years 8 months 25 days. On inclusion of jail/State remission his total term of sentence is 18 years 4 months 28 days. Permanent parole has been denied to him that while availing first parole he did not report to prison and absconded.

5. The petitioner Bhanu Kumar was convicted for the offence punishable under Section 302 Indian Penal Code vide judgment dated 19.9.2000 passed by learned Additional Sessions Judge, Banswara. He has undergone 18 years 7 months 8 days imprisonment including jail and State remission. His actual term of imprisonment is 15 years 7 months 4 days. Parole has been denied to him on the count that he has not availed three regular paroles as per Rule 9 of the Rules of 1958.

6. The petitioner Gajraj was convicted for the offence punishable under Section 302 Indian Penal Code vide judgment dated 29.11.1999 passed by learned Special Judge (SC/ST) Act Cases, Pratapgarh and he has served sentence for a term of 18 years 4 months 25 days including jail/State remission. The actual term of imprisonment of this petitioner is 15 years 6 months 3 days. Permanent parole has been denied to him for the reason that he has not availed three regular paroles.

7. The prisoner petitioner Ramu has also served sentence for a term of 17 years 1 month including State and jail remission as on 28.2.2011 and his actual term of imprisonment is 14 years 5 months 22 days. The permanent parole is denied to him as he availed only one parole of 20 days as per Rule 9 of the Rules of 1958.

8. The petitioner prisoner Nathu Singh as on 28.2.2011 completed 13 years 10 months 22 days actual term of imprisonment and as such on that day he was not eligible to be considered for grant of permanent parole.

9. The prison petitioner Narain as on 28.2.2011 completed 13 years 9 months 29 days of actual term of imprisonment, therefore, he too was not eligible for permane

















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