Rajasthan High Court - Jodhpur
Lal Chand vs State & Ors on 22 March, 2017
Bench: Gopal Krishan Vyas, G.R. Moolchandani
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