HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 419 / 2017

Lal Chand S/o Shri Kachru Ram, by caste Bhat, R/o Padampur

Gaushala Ke Piche, Mandir Wali Gali, Police Station Padampur

District Sriganganagar.

(At present lodged in Central Jail, Bikaner)

----Petitioner

Versus

State & Ors

----Respondent

_____________________________________________________

For Petitioner(s) : Mr.S.P. Joshi

For Respondent(s) : Mr. S.K. Vyas, AAG-cum-Govt. Advocate.

_____________________________________________________

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

HON'BLE MR. JUSTICE G.R. MOOLCHANDANI

Order

22/03/2017

The instant parole petition has been filed by the life

convict-petitioner Lal Chand S/o Shri Kachru Ram from Central

Jail, Bikaner, in which it is prayed that the respondents may kindly

be directed to release him on permanent parole.

In the reply filed by the respondent State, it is submitted

that the petitioner was convicted for offences under Sections 302,

148, 460, 376(2) (g) and 395 IPC with death sentence and other

sentences by the Addl. District Judge, Fast Track, Sriganganagar

vide judgment dated 21.06.2003 in Case No.28/2003. Murder

Reference No.1/2003 and Appeal No.744/2003 filed against the

aforesaid conviction and sentence was dismissed by this Court

(2 of 3)

[CW-419/2017]

vide judgment dated 09.10.2003. Thereafter the SLP No.4695-

4696/2003 was dismissed by the Hon’ble Supreme Court and the

death sentence awarded to the convict was maintained.

However, upon the mercy petition, filed by the

convict-petitioner before His Excellency President of India, the

prayer of the convict petitioner was considered and while

exercising power conferred by Article 72 of the Constitution of

India, the death sentence awarded to the convict petitioner was

converted into life imprisonment with a condition that the convict

petitioner shall remain in jail till his life time and no shortening of

sentence shall be made. Further, in the reply, it is submitted that

as per the Rajasthan Prisoners Release on Parole Rules,1958

permanent parole cannot be granted before completion of 14

years of sentence, therefore, there is no question to grant

permanent parole to the petitioner, as prayed by him.

After considering all the facts and circumstances of the case,

we are of the opinion that in the reply, the only reason to reject

the prayer is that the petitioner has not served 14 years of

sentence, therefore, not entitled for permanent parole.

We have perused the Parole Rules also in which there is no

restriction for granting permanent parole. The only restriction is

that the application for permanent parole shall not be considered

before completion of 14 years of sentence excluding remission.

Admittedly petitioner has not served 14 years of sentence.

(3 of 3)

[CW-419/2017]

In view of above, at this stage, the instant parole petition is

dismissed. However, the respondent authorities shall re-consider

the case of the petitioner for grant of permanent parole on

completion of 14 years of sentence by the convict petitioner and

pass appropriate order.

It is also made it clear that the convict petitioner will be

entitled to file application for temporary parole, if so desired.

(G.R.MOOLCHANDANI)J.

(GOPAL KRISHAN VYAS)J.

sudhir