PAPPU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) REPENTING his sins, serving his life imprisonment term, the petitioner, Pappu Khan, sought few gasps of fresh air by pleading for regular parole under Rule 9 of the Rajasthan Prisons (Release on Parole) Rules, 1958 (henceforth referred to as the `parole Rules' ). Involved in a murder case on 25. 03. 1999, the petitioner was convicted and sentenced to life imprisonment vide judgment dated 19. 07. 2002 by the learned Additional District and Sessions Judge (Fast Track) No. 1 Kishangarh Bas.

(2.) ACCORDING to the petitioner so far he has served six years and four months imprisonment. Since, the petitioner was eligible for the regular parole of twenty days under Rule 9 of the Parole Rules, he applied for the same. However, vide order dated 7. 07. 2005 the District Parole Committee was pleased to reject his parole application. Consequently, the writ petitioner before us.

(3.) CONSIDERING the importance of the reformative theory of the punishment, in 1958 the State of Rajasthan promulgated the Parole Rules. According to these Rules, parole is divided into two categories; firstly, the regular parole which is granted to a convicted prisoner after he has completed certain period for regular parole which in Hindi is referred to as a "hak ki parole". Secondly, Rule 10 A of the Rules, contains the provisions for emergency parole which is granted to the convicted prisoner in case, of death or illness of hear relatives or marriage in his family or his property is threatened by natural calamities. By judicial interpretation the beneficial provisions of Rule 10a of the Parole Rules have also been extended to include cases when the convicted prisoners need to appear for examinations. Rule 13 spells out the philosophy behind Parole Rules when it emphatically states that parole is to be used for teaching good behaviour to the convicted prisoner. Although Rule 13 also states that parole cannot be claimed as of right, but the Parole Rules certainly bestow the right of consideration upon the convicted prisoners. Once, a convicted prisoner has completed one fourth of his sentence and observes good behaviour during this period of incarceration, then he becomes eligible to have his case considered for the first parole of 20 days by the Advisory Committee constituted under the Parole Rules.