Rajasthan High Court - Jodhpur
Rajesh vs State & Ors on 24 April, 2018
Bench: Sangeet Lodha, Virendra Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writs No. 60 / 2018
Rajesh S/o Shri Radheshyam Alias Ratadiya, Aged About 19 Years,
By Caste Kanjar, R/o Ravalgradi, Tehsil Chaumala, Gangdhar
Village Tokda P.S. Unhail Nageshwar District Jhalawar (Raj.)
(Shri Radheshyam Alias Ratadiya S/o Shri Gordhan Alias Goriya
Kanjar, is Presently Lodged in Open Air Camp At Kota)
----Petitioner
Versus
1. State of Rajasthan Through the Secretary, Department of Home
(Group-12), Secretariat Rajasthan, Jaipur.
2. The Director General, JAILS, Ghat Gate, Jaipur (Raj.)
3. The District Collector, District Jhalawar (Raj.)
4. The Superintendent of Central Jail, Kota (Raj.)
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Rahul Bathi
For Respondent(s) : Mr. S.K.Vyas, AAG cum Govt.Advocate
_____________________________________________________
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE DR. JUSTICE VIRENDRA KUMAR MATHUR Order 24/04/2018 This petition is filed by the petitioner Rajesh son of convict Radhey Shyam who is undergoing sentence of life imprisonment, for his release on permanent parole.
The convict Radhey Shyam was convicted for the offences under Sections 120B, 148, 395, 396, 397, 458, 459, 460, 380, 323, 324, 325, 326 and 302 IPC read with Section 8/18 of the NDPS Act and is presently lodged in Open Air Camp At Kota.
The convict preferred an application for release on (2 of 4) [CRLW-60/2018] permanent parole, however, the same has been rejected by the State Government vide order dated 12.6.15 observing that he has not deposited the amount of fine Rs. 1 lac.
A reply to the writ petition has been filed on behalf of the State stating that in view of the decision dated 22.3.12 passed by a Coordinate Bench of this Court in D.B. Civil Writ (Parole) Petition No. 12294/2011 "Shambhu Dayal Vs. State and Ors.", the Rajasthan Prisoners Release on Parole Rules, 1958 ('Parole Rules, 1958'), are not applicable in respect of the convicts who are undergoing sentences under the NDPS Act. It is submitted that the matters pertaining to grant of parole to the convicts for offence under the NDPS Act are referred by the State Government to the Department of Home, Government of India. It is submitted that the application preferred by the convict for grant of parole to the Central Government stands rejected vide order dated 7.6.16 and therefore, he is not entitled for grant of parole as prayed for.
It is noticed that the convict Radhey Shyam @ Ratadiya was convicted for the offences under Sections 120B, 148, 395, 396, 397, 458, 459, 460, 380, 323, 324, 325, 326 and 302 IPC read with Section 8/18 of the NDPS Act. The sentences awarded were directed to run concurrently. It is matter of record that the convict has already undergone the sentence for more than 16 years.
For conviction under Section 8/18 of the NDPS Act, the convict was sentenced for 10 years' rigorous imprisonment with fine Rs. 1 lac, in default of payment of fine, to further undergo one year simple imprisonment. For conviction under Section 302 IPC, the convict was sentenced to suffer life imprisonment with fine (3 of 4) [CRLW-60/2018] Rs.5000/-, in default of payment of fine, to further undergo one year simple imprisonment.
In this view of the matter, when the sentences awarded were directed to be run concurrently, the convict has already undergone the sentence awarded for conviction under Section 8/18 of the NDPS Act including the period of imprisonment he was required to undergo on account of default in payment of fine and thus, the question of denial of parole to the convict on account of non- payment of fine of Rs. 1 lac imposed upon him for conviction under the NDPS Act does not arise. For the parity of reasons, the bar of consideration of the grant of parole to the offender convicted for offence under NDPS Act cannot operate so as to deny him permanent parole under the Parole Rules, 1958.
In view of the discussion above, the decision of the State Government in rejecting the parole application of the convict seeking permanent parole under the provisions of Parole Rules, 1958, on account of non-payment of fine of Rs. 1 lac imposed for conviction under Section 8/18 NDPS Act is not sustainable. The convict having already undergone the sentence awarded for his conviction under Section 8/18 of the NDPS Act, his application for grant of permanent parole deserves to be considered by the State Government under the provisions of Parole Rules, 1958 without insisting upon him to deposit the fine of Rs. 1 lac imposed as aforesaid while convicting him for offence under the NDPS Act.
Accordingly, this parole petition is allowed. The order dated 12.6.15 passed by the State Government rejecting the application preferred by the convict-Radhey Shyam @ Ratadiya for release on (4 of 4) [CRLW-60/2018] permanent parole under the Parole Rules, 1958, is quashed. The State Government is directed to consider the application preferred on behalf of convict Radhey Shyam @ Ratadiya for grant of permanent parole afresh in accordance with Parole Rules, 1958, without insisting upon the deposit of amount of fine. The application shall be decided within a period of two weeks from the date of receipt of certified copy of this order. (VIRENDRA KUMAR MATHUR), J. (SANGEET LODHA), J. rp52