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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

O R D E R

D.B. CIVIL WRIT (PAROLE) PETITION NO.13538/2013

Smt. Lalita

Versus

State of Rajasthan & Ors.

Date of Order :: 09.12.2013

PRESENT

HON'BLE MR. JUSTICE GOVIND MATHUR

HON'BLE MR. JUSTICE BANWARI LAL SHARMA

Mr. Kaluram Bhati for the petitioner

Mr. K.R. Bishnoi – Additional Government Advocate

BY THE COURT :

This petition for writ is preferred to have a direction

for grant of permanent parole to convict-prisoner Mr. Billu @

Shyam Singh, brother of the petitioner Mrs. Lalita.

Briefly stated, facts of the case are that convict-

prisoner Billu @ Shyam Singh came to be convicted for the

offence punishable under Section 302 read with Section 34 IPC

by the judgment dated 11.12.1996 passed by learned Additional

Sessions Judge, Hanumangarh. A sentence to undergo life term

imprisonment with a fine of Rs.500/- and in default of payment

of fine, further to undergo 6 months' simple imprisonment was

awarded to him. An appeal preferred to challenge the conviction

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recorded and the sentence awarded also came to be dismissed

by a Division Bench of this court vide the judgment dated

29.08.2001. The convict-prisoner has already served sentence

for a term of 25 years 9 months and 17 days as on 18.11.2013,

including the State remission as well as the jail remission. The

actual term of imprisonment of the convict-prisoner as on

18.11.2013 was 19 years 6 months and 9 days. His case for the

grnat of permanent parole was considered by the State Level

Parole Committee in its meeting dated 22.11.2013 and the

Committee awarded permanent parole to him, subject to

furnishing 2 sureties of Rs.50,000/- each and a personal bond

of the same amount. The decision of the Committee at the first

instance was affirmed by the State Government, however, on

having information from the Director (Prisons) about absconding

of the convict-prisoner on 03.03.2013, the parole earlier

granted was withdrawn. Being aggrieved by the withdrawal of

the parole already granted, the present petition preferred a

petition for writ (D.B. Civil Writ (Parole) Petition No.5475/2013,

Smt. Lalita Vs. State of Rajasthan & Ors.). The petition for writ

aforesaid came to be disposed of by the judgment dated

24.07.2013 with a direction to the authorities concerned to re-

consider case of the convict-prisoner for grant of permanent

parole, of course with reference to the record and keeping in

view the observations given in the judgment. Suffice to mention

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that the court while deciding the writ petition aforesaid observed

as under :-

“It is apparent that on 22.02.2013, the case of the

petitioner was duly considered with reference to the

record and he was ordered to be released on

permanent parole after furnishing personal bond and

two sureties in the sum of Rs.50,000/- each. The

petitioner had otherwise been shifted to the Open

Air Camp. Obviously, his jail conduct had been

satisfactory. As noticed, until 11.06.2013, the

petitioner prisoner had actually served the sentence

for a period of above 19 years and did earn

remission of more than 6 years.

We are of the view that even if the petitioner

had been indiscreet in his conduct, such short-

coming cannot operate against him for all times to

come so as to permanently debar him from

permanent parole. In our view, his case deserves

reconsideration and it goes without saying that if he

is otherwise entitled, he could be put to any further

terms and conditions, as deemed fit and proper by

the authorities concerned.”

In pursuance to the directions given by this court in

D.B. Civil Writ Petition No.7052/2013, the State Level Parole

Committee in its meeting dated 05.09.2013 re-considered case

of the convict-prisoner and arrived at the conclusion that he is

not entitled for grant of permanent parole being convicted for an

offence punishable