MOHD SALIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Salim Mohd., on being convicted for offence punishable under Sections 396, 148, 342, 458, 397 and 398 I.P.C. under the judgment dated 11.8.2000 passed by learned Additional Sessions Judge, Khetri (Jhunjhunu) is undergoing life term imprisonment at Central Jail, Ajmer. On completion of 14 years of actual imprisonment he preferred D.B. Criminal Parole Writ Petition No.1071/2012 (Mohd. Salim Vs. State of Rajasthan & Ors.) before this Court, which came to be disposed of on 16.2.2012 by directing the State Level Parole committee to consider and decide the case of petitioner for grant of permanent parole expeditiously in accordance with the Rajasthan Prisoners Release on Parole Rules, 1958.

(2.) IN pursuant to the order aforesaid the State Level Parole Committee in its meeting dated 20.4.2012 considered the case of petitioner and refused for permanent parole on the following counts :-

(3.) PERMANENT parole under the Rules of 1958 is available to the convict prisoners with a pious object of their rehabilitation with natural flow in the stream of society. The presumption is that a man who has suffered prison for 14 years has reformed himself to the extent of getting out from the State custody to the larger custody i.e. of society. On basis of this presumption by way of permanent parole custody of a convict prisoner is required to be handed over to the society which is necessary in view of the basic human instinct of community living. A human being deserves to be kept with society being a social animal till he does not cause harm to the fundamentals of the society itself. The permanent parole as designed under the Rules of 1958 if denied without proper application of mind, without taking into consideration the object of such parole, then it can be safely said that the authority competent for grant of such parole is not having adequate faith with the society which is a minimum requirement to have developed socio economic system. Permanent parole to a convict prisoner is necessary not only to rehabilitate a person or to bring him in a main stream of the society, but also to ensure strength of a society to accommodate even a person who at one point of time acted against the normal settled values of the society. The custody of society in such cases plays a very vital role to strengthen human being in person and also at community level. At the same time, it is also relevant to notice that if a person who has suffered imprisonment for good 14 years and whose conduct is yet not suitable for community living and whose hostility towards the social system and other human beings is apparent, then the competent authority may deny for permanent parole by recording such circumstances.