Rajasthan High Court - Jodhpur
Jakir Hussain vs State Of Raj on 8 August, 2012
Author: Govind Mathur
Bench: Govind Mathur
1
D.B. CRIMINAL PAROLE WRIT PETITION NO.6266/2012
Jakir Hussain
Vs.
State of Rajasthan
DATE OF ORDER :: 8.8.2012
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Mr. Kalu Ram Bhati, for the petitioner/s.
Mr. KR Bishnoi, Addl. Government Advocate.
...
By this petition, the petitioner is claiming first regular parole as per the provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958'). The District Level Parole Advisory Committee, Bhilwara in its meeting dated 22.5.2012 denied regular parole to the petitioner on the count that he was convicted for an offence punishable under Section 302 I.P.C. and was sentenced for life term, as such, he has not served one fourth part of the sentence so far. It is stated by learned counsel for the petitioner that as a matter of fact, the conviction of the petitioner under Section 302 IPC has already been modified by this Court and the resultant conviction is only for an offence punishable under Section 304 Part-II I.P.C., for a term of seven years, as such, the petitioner is eligible to be considered for grant of regular parole in accordance with the Rules of 1958. The fact aforesaid has not been disputed.
As per the averments contained in para No.3 of the reply, the petitioner has already served sentence of 02 years, 09 months and 2 11 days as on 6.7.2012. The total term of sentence being seven years, the petitioner is eligible for grant of regular parole in accordance with the Rules of 1958, as such, ineligibility pointed out by the respondents is not at all in existence.
Accordingly, the parole petition is allowed. The respondents are directed to release the convict Jakir Hussain S/o Abdul Sattar on parole in accordance with the Rules of 1958.
[NIRMALJIT KAUR], J. [GOVIND MATHUR], J. RM/